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MURRAY v. PHILPOT

No. 5-98-0494.

713 N.E.2d 152 (1999)

305 Ill. App.3d 513

238 Ill.Dec. 906

Rita MURRAY, Plaintiff-Appellant, v. Tom PHILPOT, Defendant-Appellee.

Appellate Court of Illinois, Fifth District.

June 10, 1999.

Attorney(s) appearing for the Case

Don Sheafor, Jack Johnston, of Burnside, Johnston, Choisser & Sheafor, Vandalia, for Appellant.

Janie F. Smith, Richard A. Cary, Wham & Wham Lawyers, Centralia, for Appellee.

Justice CHAPMAN delivered the opinion of the court:

The plaintiff, Rita Murray, appeals from a jury verdict returned in her favor and against the defendant, Tom Philpot. She alleges that (1) the jury's award of zero for her pain and suffering was inadequate and against the manifest weight of the evidence and (2) the trial court abused its discretion by not ordering a new trial on the issue of damages. For the following reasons, we reverse and remand for a new trial...

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