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WIMBERLEY v. MATERIAL SERVICE CORP.

No. 57737.

12 Ill. App.3d 1051 (1973)

299 N.E.2d 425

DEWEY WIMBERLEY, Plaintiff-Appellee, v. MATERIAL SERVICE CORPORATION, Defendant-Appellant.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied July 17, 1973.

Attorney(s) appearing for the Case

Lord, Bissell & Brook, of Chicago, (Richard E. Mueller, Richard C. Conklin, Cornelius P. Callahan, and George M. Elworth, of counsel,) for appellant.

Horwitz, Anesi, Ozmon & Associates, Ltd., of Chicago, (Nat P. Ozmon and Timothy M. O'Brien, of counsel,) for appellee.

Judgment affirmed.

Mr. PRESIDING JUSTICE STAMOS delivered the opinion of the court:

Plaintiff filed a complaint alleging negligence on the part of defendant. A jury trial was conducted. At the close of all the evidence the court allowed plaintiff to file an amended complaint adding a Count based on the doctrine of res ipsa loquitur. The trial court then granted plaintiff's motion for a directed verdict on the issue of liability. The question of damages...

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