Esser v. McIntyre

This appeal arises from plaintiffs personal injury suit, in the circuit court of Cook County, seeking damages for injuries allegedly sustained when plaintiff slipped on unpopped popcorn kernels spilled by defendant. At the close of the evidence, the jury returned a verdict in favor of defendant. The appellate court reversed and remanded for a new trial, holding that the jury instructions improperly stated defendant’s duty of care. (267 Ill. App. 3d 611.) This court granted defendant’s petition for leave to appeal (145 Ill. 2d R. 315). We affirm.

FACTS

In 1983, three men, Joseph McIntyre, Donald…