[Download] "Wallace v. Weinrich" by Illinois Appellate Court — Fifth District Reversed and Remanded * Book PDF Kindle ePub Free
eBook details
- Title: Wallace v. Weinrich
- Author : Illinois Appellate Court — Fifth District Reversed and Remanded
- Release Date : January 14, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiff Todd Christopher Wallace, a minor, by his father and next friend, Ronald Wallace, brought this personal injury action for damages against defendant, Norbert Weinrich, in the circuit court of Madison County. The jury found defendant not negligent, and the court rendered judgment on the verdict. Plaintiff appeals, contending the verdict was against the manifest weight of the evidence and that the trial court erred in denying plaintiff's motion to amend the complaint and in refusing certain tendered instructions. Three occurrence witnesses testified at trial, and the facts are not in dispute. The accident occurred August 3, 1971, about 8 p.m. on McArthur Street in Alton, nine days prior to Todd's second birthday. It was daylight at the time. Todd's mother was visiting her sister, Mrs. Bush, who lived next to the Weinriches in the 3600 block of McArthur Street. Todd and his older brother Mark spent most of the pretty summer day playing outside. McArthur Street terminates in a dead end at the end of the block where the accident occurred. It has no sidewalks or curbs, but a shallow gutter borders the paved portion of the street. A family named Snyder lived directly across McArthur from the Weinriches, and the Snyders' house fronted on Sherwood Terrace, the nearest intersecting street. The Weinriches' driveway was about 60 feet long from garage to street, and on either side of it near the street was a small shrub which served as a winter driveway marker. The Bushes' driveway is near enough to the Weinriches' driveway that a car parked between them on McArthur might hinder access to one or the other. Photographic exhibits taken several years after the accident show a utility pole between the Bushes' drive and the Weinriches' several feet further from the street than the Weinriches' marker shrubs. In the Snyders' yard near the street and across from the utility pole stands a large conifer.