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WETHERELL v. MATSON

No. 14019.

52 Ill. App.3d 314 (1977)

367 N.E.2d 472

BRIAN WETHERELL, a Minor, by Linda Wetherell, his Mother and Guardian, Plaintiff-Appellant, v. ROBERT MATSON et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Rehearing denied October 4, 1977.

Attorney(s) appearing for the Case

David A. Dvorak, of Burger, Fombelle, Wheeler & Dvorak, P.C., and Ronald L. Carpel, both of Decatur, for appellant.

Robert D. Owen and W. Scott Murphy, both of Owen, Roberts, Susler & Taylor, of Decatur, for appellees.

Reversed and remanded.

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

The jury returned a $9,000 verdict against both defendants and we are here concerned only with the issue of damages, not liability.

Plaintiff Brian Wetherell, then age 5, was injured when defendant Robert Matson, then age 13, operating a riding lawn mower upon the premises of his father, Donald Matson, backed the mower over plaintiff's foot. Plaintiff had been playing...

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