Furthermore, plaintiff Myra Young's deposition indicates that the moonwalk was not secured and moved slowly across the floor in reaction to jumping by the boys. She requested and received assistance from an employee of Fun Services in moving the moonwalk back to its original position. Significantly, she stated that she had no personal knowledge of how Kevin's accident occurred, since she did not witness the accident. Nothing in the record demonstrates that the moonwalk shifted immediately before Kevin's accident. Nothing in the record allows the inference that a shifting of the moonwalk caused Kevin's accident.
Plaintiffs offer no such evidence.
Rather, plaintiffs' evidence as presented would require speculation or conjecture on the part of the factfinder, which is impermissible. Finally, plaintiffs argue that the trial court improperly granted summary judgment because discovery was incomplete. Plaintiffs assert that they may be able to procure deposition testimony of the other boys in the moonwalk at the time of the accident, which testimony may produce prima facie evidence of proximate cause. Assuming arguendo that discovery was not complete, the court below was permitted to grant summary judgment in its discretion. A trial court is not barred in every case from granting summary judgment before discovery is completed.