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ERVIN v. SEARS, ROEBUCK & CO.

No. 73-256.

36 Ill. App.3d 64 (1976)

343 N.E.2d 220

JOHN S. ERVIN, Plaintiff-Appellee, v. SEARS, ROEBUCK & COMPANY et al., Defendant-Appellant.

Appellate Court of Illinois — Fifth District.

Opinion filed February 17, 1976.

Attorney(s) appearing for the Case

Roberts, Gundlach & Lee, of Belleville (Carl W. Lee and Terry N. Brown, of counsel), for appellant.

Richard Shaikewitz, of Wiseman, Shaikewitz, McGivern & Wahl, of Alton, for appellee.

Reversed and remanded.

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

We granted leave to appeal pursuant to Supreme Court Rule 306 (Ill. Rev. Stat. 1973, ch. 110A, par. 306) from an order of the Circuit Court of Madison County granting plaintiff-appellee's motion for a new trial. The lawsuit arose from an accident in 1962 wherein plaintiff was injured when thermal underwear sold by defendant-appellant caught fire. Plaintiff was instructed...

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