Esser v. McIntyre
Illinois Supreme Court
169 Ill. 2d 292, 661 N.E.2d 1138 (1996)
- Written by Salina Kennedy, JD
Facts
Joseph McIntyre (defendant), Joseph O’Brien, and two other men each invited a guest to go with them on a vacation to Acapulco, Mexico. O’Brien invited Diane Esser (plaintiff) to accompany him. At the time of the vacation, all the vacationers were Illinois residents, and all vacation planning occurred in Illinois. While on vacation, Esser alleged that she severely injured her back when she slipped on popcorn kernels that McIntyre had spilled but had failed to clean up. Esser subsequently filed a personal-injury lawsuit against McIntyre in Illinois state court. The trial court applied Illinois law to Esser’s claims, and a jury found for McIntyre. The court of appeals agreed that Illinois law applied but reversed and remanded the case on other grounds. McIntyre appealed, arguing, among other things, that the trial court should have applied Mexican law.
Rule of Law
Issue
Holding and Reasoning (Heiple, J.)
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