[Download] "Pease v. Ace Hardware Home Center" by Illinois Appellate Court ? Second District Affirmed in Part and Reversed and Remanded in Part * eBook PDF Kindle ePub Free

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eBook details

• Title: Pease v. Ace Hardware Home Center
• Author : Illinois Appellate Court ? Second District Affirmed in Part and Reversed and Remanded in Part
• Release Date : January 24, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 82 KB

Description

Plaintiffs Carl Pease (Dick) and Mark Tomasetti (Mark) appeal from the judgment of the circuit court of Lake County entered on jury verdicts in their favor on their negligence action against defendant Ace Hardware Home Center of Round Lake No. 252c (Ace). In their complaint, Dick and Mark asserted that Ace failed to exercise ordinary care in stacking paneling on a display rack and that as a result of Ace's careless acts, plaintiffs sustained serious injuries. On appeal, Dick and Mark challenge the jury's finding that they were both 50% comparatively negligent. Mark and Dick also assert that the trial court erred in tendering a jury instruction on the law of agency and in allowing the testimony of Ace's expert witness. Plaintiff Susan Pease (Susan) asserts on appeal that the jury returned inconsistent verdicts when it found Ace liable to Dick, but also found Ace not liable to Susan on her consortium action. Ace as third-party plaintiff cross-appeals from the judgment entered on the jury verdict in favor of third-party defendant, cross-appellee Lozier Store Fixtures (Lozier), the manufacturer of the paneling display rack. Ace asserts the trial court erred in excluding the testimony of its expert witness. We affirm the jury's finding that Mark and Dick were each 50% comparatively negligent, we reverse the jury verdict against Susan on her consortium claim, direct entry of judgment in her favor, and remand that action for a new trial to assess her damages, and we reverse the jury's verdict in favor of Lozier and remand that action for a new trial. The incident which precipitated the instant case occurred on July 19, 1982. On that date, Dick and Mark entered the Ace store to purchase wood paneling. After several minutes, Dick and Mark located paneling in the home improvement department which satisfied their needs.

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