McWETHY v. LEE

No. 11365.

1 Ill. App.3d 80 (1971)

272 N.E.2d 663

PAMELA McWETHY, et al., Plaintiffs-Appellants, v. DONALD LEE, Adm., Defendant-Appellee.

Appellate Court of Illinois — Fourth District.

August 27, 1971.


Attorney(s) appearing for the Case

Summers, Watson & Kimpel, of Champaign, for appellants.

Phillips, Phebus & Tummelson, of Urbana, (Hurshal C. Tummelson, of counsel,) for appellee.


Reversed and remanded.

Mr. JUSTICE MILLS delivered the opinion of the court:

This is that rare case. It is that extremely unusual situation involving willful and wanton misconduct that no longer remains a question of fact for the jury, but one that is established as a matter of law. In this appeal we must consequently reverse the jury verdict for defendant, grant the plaintiff a judgment n.o.v. and remand the cause for a new trial as to damages only...

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