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Imig v. Beck

503 N.E.2d 324 (1986)

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Imig v. Beck

Illinois Supreme Court

503 N.E.2d 324 (1986)

Facts

Margaret and John Imig (plaintiffs) were driving their van when they saw a wrecker towing a car approach them with flashing lights. The wrecker was owned by Raymond Burger (defendant) and operated by Harley Beck (defendant). The Imigs stopped at an intersection, and the wrecker passed them. Once the Imigs started to proceed after stopping, the car being towed by the wrecker collided head-on with the Imigs’ van. The Imigs’ van was seriously damaged, and the Imigs suffered injuries because of the collision. The Imigs brought suit against Burger and Beck. Before the case was submitted to the jury, the court allowed the Imigs to amend their complaint to include a theory of res ipsa loquitur. During the trial, there was no direct evidence showing how or why the towed car hit the Imigs’ van. Consequently, the jury found for Burger and Beck, and the Imigs appealed. The appellate court held the accident that occurred was not one that would normally occur in the absence of negligence, and thus the Imigs were entitled to a directed verdict. The appellate court reversed the judgment and awarded a new trial on the issue of damages. Burger and Beck appealed that decision.

Rule of Law

Issue

Holding and Reasoning (Ryan, J.)

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