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BAILEY v. CITY OF DECATUR

No. 13825.

49 Ill. App.3d 751 (1977)

364 N.E.2d 613

MAMIE L. BAILEY, Plaintiff-Appellant, v. THE CITY OF DECATUR et al., Defendants-Appellees.

Appellate Court of Illinois — Fourth District.

Opinion filed June 13, 1977.

Attorney(s) appearing for the Case

Burger, Fombelle, Wheeler & Dvorak, P.C., of Decatur (David A. Dvorak, of counsel), for appellant.

Samuels, Miller, Schroeder, Jackson & Sly, of Decatur (Jerald E. Jackson and William O. Martin, Jr., of counsel), for appellees.

Reversed and remanded.

Mr. JUSTICE REARDON delivered the opinion of the court:

The plaintiff, Mamie L. Bailey, appeals a directed verdict entered on her common law tort action against a Decatur policeman, Larry Warnick, for an assault and battery inflicted by Warnick's allegedly wilful and wanton misconduct and against the City of Decatur on a respondeat superior theory. Plaintiff also appeals the denial of her motion for leave to amend the complaint for the...

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