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WERNER v. NEBAL

No. 1-06-2322.

878 N.E.2d 811 (2007)

Bruce WERNER, Plaintiff-Appellee, v. Christine NEBAL d/b/a/ Club Alpine, Al Barrans, and John Doe, Defendants-Appellants.

Appellate Court of Illinois, First District, Fifth Division.

November 9, 2007.

Attorney(s) appearing for the Case

John P. Brattoli, Joseph L. Planera & Associates, Chicago Heights, for Plaintiff-Appellee.

Kenneth M. Lubinski, Busse, Busse, and Grasse, Chicago, for Defendant-Appellant.

Justice TULLY delivered the opinion of the court:

Following a jury trial, Christine Nebal was found jointly liable for injuries sustained by Bruce Werner in a physical altercation with Al Barrans and John Doe. Ms. Nebal's liability stemmed from Illinois's Dramshop Act. 235 ILCS 5/6-21 (2000). Ms. Nebal timely appeals contending: (1) the trial court's refusal to tender a jury instruction regarding the provocation affirmative defense was reversible error; (2) the trial...

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