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KOCH v. SPALDING

No. 5-87-0596.

174 Ill. App.3d 692 (1988)

529 N.E.2d 19

LAWRENCE P. KOCH, Plaintiff-Appellee, v. WILBUR SPALDING, Defendant-Appellant (Earnest Loffelhotz, a/k/a Earnie Loffelhotz, Defendant).

Appellate Court of Illinois — Fifth District.

Opinion filed September 26, 1988.

Attorney(s) appearing for the Case

Stephen W. Thomson and Charles C. Compton, both of Reed, Armstrong, Gorman & Coffey, of Edwardsville, for appellant.

John P. Geismann, of Highland, for appellee.

Judgment vacated and cause remanded.

JUSTICE LEWIS delivered the opinion of the court:

The present cause comes before this court as a permissive appeal filed by defendant, Wilbur Spalding, pursuant to Supreme Court Rule 308 (107 Ill.2d R. 308) and concerns whether a release and waiver of liability executed by the plaintiff, Lawrence Koch, is a bar to a cause of action for negligence against the defendant. Plaintiff's underlying complaint consisted of two counts...

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