Perminas v. Montgomery Ward & Co.

The plaintiff, Adam Ferminas, sued the defendant, Montgomery Ward & Company, to recover damages for a back injury he suffered when he fell while shopping in one of defendant’s retail stores in Cliicago. Following a bench trial, the trial court entered judgment in favor of the plaintiff for $85,000. The appellate court reversed (16 Ill. App. 3d 445), and we granted plaintiff’s petition for leave to appeal.

The basis for the appellate court decision was that plaintiff had failed to establish a prima facie case on the issue of defendant’s negligence under any of the plaintiff’s several theories…