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MARTOCCIO v. WESTERN RESTAURANTS, INC.

No. 5-96-0282.

675 N.E.2d 1045 (1997)

286 Ill. App.3d 390

221 Ill.Dec. 621

Jamie Lynne MARTOCCIO, Plaintiff-Appellant, v. WESTERN RESTAURANTS, INC., d/b/a Wendy's Old Fashion Hamburgers, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

January 30, 1997.

Attorney(s) appearing for the Case

Daniel R. Price, Jennifer W. Price, Wham & Wham, Centralia, for Plaintiff-Appellant.

Jeffrey P. Hine, Osburn, Hine, Kuntze & Yates, L.L.C., Cape Girardeau, MO, for Defendant-Appellee.

Justice CHAPMAN delivered the opinion of the court:

On September 29, 1994, plaintiff Jamie Lynne Martoccio filed a complaint against defendant for damages she sustained as a result of a fall in a Wendy's restaurant. Plaintiff argued that defendant, through its agents and employees, breached its duty of ordinary care to plaintiff by failing to inspect the floor of the restaurant, in permitting a wet substance to exist on the floor of the restaurant, and by failing...

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