Page:Touhy v. Walgreen Company.pdf/22

 Juries may render verdict on facts and common sense inferences from those facts. But they may not do so with only mere gossip, speculation, or surmise. For this reason, we require plaintiffs to present competent evidence – whether direct or circumstantial – showing a basis from which a reasonable jury could find the defendant liable. Ms. Touhy has failed to present any admissible evidence indicating Ms. Whitlock's involvement in accessing and disclosing Ms. Touhy's health information, and granting summary judgment was thus the only appropriate path for the district court to take in this case. Though Ms. Touhy believes she could have unearthed persuasive evidence had the district court granted her motion to compel, we cannot see how the district court abused its considerable discretion in its resolution of the parties' discovery disputes given the nature of the requests at issue and the state of the record before the court at the time.

Affirmed. - 22 -