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PERMINAS v. MONTGOMERY WARD & CO.

No. 54872.

16 Ill. App.3d 445 (1973)

306 N.E.2d 750

ADAM PERMINAS, Plaintiff-Appellee, v. MONTGOMERY WARD & COMPANY, Defendant-Appellant.

Appellate Court of Illinois — First District (5th Division).

Modified opinion upon denial of rehearing January 31, 1974.

Attorney(s) appearing for the Case

Baker & McKenzie, of Chicago (William F. McNally, Thomas F. Tobin, Francis D. Morrissey, and Michael K. Murtaugh, of counsel), for appellant.

Horwitz, Anesi, Ozmon & Associates, Ltd., of Chicago (Nat P. Ozmon and Dario A. Garibaldi, of counsel), for appellee.

Judgment reversed.

Mr. JUSTICE ENGLISH delivered the opinion of the court:

By his complaint, based on a negligence theory, plaintiff sued for the recovery of damages for personal injuries suffered as a result of a fall which occurred in one of defendant's department stores. After a bench trial, judgment was entered in favor of plaintiff in the amount of $85,000. Defendant now raises three contentions on appeal: (1) the evidence presented at trial did not establish...

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