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MULLIKEN v. LEWIS

No. 4-92-0547.

615 N.E.2d 25 (1993)

245 Ill. App.3d 512

185 Ill.Dec. 730

Bernadine B. MULLIKEN, Plaintiff-Appellee, v. Jack LEWIS, John Wohlwend and Jack Lewis, Inc., an Illinois Corporation, Defendants-Appellants.

Appellate Court of Illinois, Fourth District.

Decided June 3, 1993.

Attorney(s) appearing for the Case

James P. Ginzkey (argued), Hayes, Schneider, Hammer, Miles & Cox, Bloomington, for defendants-appellants.

John N. Stevens Law Offices, Bloomington (John N. Stevens, Jay D. Reece, of counsel) (Argued by John N. Stevens), for plaintiff-appellee.

Justice COOK delivered the opinion of the court:

Plaintiff Bernadine B. Mulliken brought suit against defendants alleging she incurred damages because of their undervalued appraisal of her jewelry. In a pretrial order the trial court determined a limitation of liability clause at the bottom of the written appraisal was not part of the contract and accordingly struck defendants' affirmative defense of limited liability. The jury found in favor of Mulliken and against...

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