Country Mutual Insurance v. Styck's Body Shop, Inc.

JUSTICE STEIGMANN,

specially concurring in part and dissenting in part:

I concur in the majority’s conclusion as to the (1) jury instruction and (2) attorney fees and costs.

However, I respectfully dissent from the portion of the majority’s opinion in which it holds that, under the facts of this case, demand alone was sufficient to cut off the accrual of storage fees.

In my view, the pertinent question in this case is whether Body Shop’s damages for storage — which was the nature of the parties’ original agreement — should have been tolled when Country made demand for possession, even though Body…