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FREDE v. DOWNS

No. 80-2441.

101 Ill. App.3d 812 (1981)

428 N.E.2d 1035

GREGORY FREDE, Plaintiff-Appellant, v. DAVID DOWNS, Defendant-Appellee. — (VAL McDANIELS, Defendant.)

Appellate Court of Illinois — First District (4th Division).

Rehearing denied December 21, 1981.

Attorney(s) appearing for the Case

Leon C. Wexler and Harold Liebenson, both of Chicago, for appellant.

Baker & McKenzie, of Chicago (Francis D. Morrissey, Norman J. Barry, Jr., and Evan B. Karnes, II, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE JIGANTI delivered the opinion of the court:

The plaintiff, Gregory Frede, was injured in a boating accident. A juror wrongfully secreted his own book on boating into the jury room. The book had not been referred to during the trial. To a certain extent the book was referred to by the jurors during their deliberations. The jury rendered a verdict for Frede and against Val McDaniels for $250,000. McDaniels has not appealed...

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