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GAINER v. BATES

No. 56609.

14 Ill. App.3d 297 (1973)

302 N.E.2d 463

TIMOTHY P. GAINER et al., Plaintiffs-Appellees, v. RUDOLPH BATES, Defendant-Appellant.

Appellate Court of Illinois — First District (3rd Division).

August 16, 1973.

Attorney(s) appearing for the Case

Leo J. Spivack and Norman E. Goldman, both of Chicago, for appellant.

Coghlan & Joyce, of Chicago, (Martin D. Coghlan, of counsel,) for appellees.

Order reversed.

Mr. PRESIDING JUSTICE DEMPSEY delivered the opinion of the court:

In this personal injury action a jury returned a verdict for the plaintiffs Timothy Gainer and Eileen Sweeney Gainer, his wife. Gainer was awarded $2,500 damages and his wife $500. Gainer filed a post-trial motion for a new trial on the issue of damages. The motion was allowed and we granted the defendant's petition for leave to appeal.

The action arose from a collision...

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