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CLARK v. OTIS ELEVATOR CO.

No. 1-93-2468.

653 N.E.2d 771 (1995)

274 Ill.App.3d 253

210 Ill.Dec. 576

Mary CLARK and Debbie Dunn, as Co-Guardians of the Estate and Person of Michael Clark, a disabled person, Plaintiffs-Appellees and Cross-Appellants, v. OTIS ELEVATOR COMPANY, Defendant-Appellant and Cross-Appellee.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied August 15, 1995.

Attorney(s) appearing for the Case

Menges, Mikus & Molzahn, Chicago (Perry C. Rocco & Scott G. Reno, of counsel), for appellant.

William J. Harte, Ltd. & Herbert F. Stride, Ltd., Chicago (William J. Harte, Herbert F. Stride & Joan M. Mannix, of counsel), for appellee.

Presiding Justice HOFFMAN delivered the opinion of the court:

The defendant, Otis Elevator Company, appeals from a jury verdict in favor of the plaintiff, Michael Clark, on his complaint seeking recovery for negligence. The plaintiff cross-appeals from the trial judge's order of a remittitur. We consider whether the trial judge erred when it found the plaintiff was incompetent to testify at trial because he had been adjudicated a disabled person under section 11a...

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