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Schlosser v. Welk

Illinois Appellate Court
550 N.E.2d 241 (1990)


Facts

Rhonda Welk (defendant) was an employee of Select-A-Video, which was owned by Marianne Schlosser (plaintiff). Select-A-Video had a policy by which employees could take videotapes home to watch for free. One morning, Welk put eight videotapes in her car to take home. Later that day she was fired. Welk nevertheless took the tapes home. Welk put the tapes in a closet and never watched them. Several weeks later, Welk came across the tapes while cleaning her home, and returned them to the store. Schlosser sued Welk. The trial court ruled in Schlosser’s favor and awarded $549 in damages, the amount Welk would have been charged had she rented the eight tapes for that time period. Welk appealed.

Rule of Law

Issue

Holding and Reasoning (Wombacher, J.)

Concurrence/Dissent (Heiple, J.)

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