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Ray v. Cock Robin

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eBook details

  • Title: Ray v. Cock Robin
  • Author : Supreme Court of Illinois
  • Release Date : January 29, 1974
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Plaintiffs, Vernon Ray, as administrator of the estate of his deceased daughter, Kimberly Ray, and several parents, as next friends of their minor children, filed a negligence action in the circuit court of Du Page County seeking damages against defendants, Edwin Cholewa, Edward Zawacki, d/b/a North Grace Super Sinclair Service, and Cock Robin, Inc. At the close of the evidence the trial court directed a verdict against Cholewa as to liability and submitted the issue of damages to the jury, which returned verdicts against Cholewa totaling $99,400. Verdicts in favor of Zawacki and Cock Robin as to their liability were also returned and judgment was entered. On appeal to the Appellate Court, Second District, the justices of that court agreed that the judgment entered on behalf of Cock Robin must be reversed and the cause remanded for a new trial because relevant evidence was excluded from the jury's consideration. The appellate court majority further held that the judgment entered on behalf of Zawacki and against Cholewa was proper. (Ray v. Cock Robin, Inc., 10 Ill. App.3d 276.) Petitions for leave to appeal by plaintiffs and Cock Robin were both granted and the causes consolidated for opinion and decision. The facts giving rise to this case are extensively reported by the appellate court and none of the parties have challenged their sufficiency. For purposes of this appeal we need only briefly reiterate certain facts.


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