Ballweg v. City of Springfield

SUPPLEMENTAL OPINION ON DENIAL OF REHEARING

JUSTICE MILLS

delivered the supplemental opinion of the court:

I

Ballweg has filed a petition for rehearing, arguing for the first time on appeal that the trial court erred in denying his motion for summary judgment on the grounds that defendants were collaterally estopped from denying liability because of the judgment in Ogg.

We are fully aware that Ballweg raised in his appellee’s brief an estoppel argument relating to the trial court’s ruling on a jury instruction. But, at no time prior to the filing of the petition for rehearing has Ballweg argued…