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KELTY v. WISEMAN CONSTRUCTION CO.

No. 75-215.

38 Ill. App.3d 808 (1976)

349 N.E.2d 108

EDWARD L. KELTY, Plaintiff-Appellant, v. WISEMAN CONSTRUCTION COMPANY, INC., Defendant-Appellee.

Appellate Court of Illinois — Second District (2nd Division).

Rehearing denied July 7, 1976.

Attorney(s) appearing for the Case

Mirabella, Facktor, Mirabella & Kincaid, of Wheaton, for appellant.

Lloyd E. Dyer, Jr., of Donovan, Atten, Mountcastle, Roberts & DaRosa, of Wheaton, for appellee.

Reversed and remanded.

Mr. PRESIDING JUSTICE THOMAS J. MORAN delivered the opinion of the court:

Plaintiff appeals from a denial of his motion for a new trial on the issue of damages only, following a jury award of $9200, which amount he claims to be palpably inadequate since it does not represent his out-of-pocket expenses.

Defendant counters that these damages are not palpably inadequate or, if they are, that they are the result of a jury compromise...

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