Kane v. Edward J. Woerner & Sons, Inc.

Edward Kane appeals from the trial court's order granting a new trial to defendant Woerner Produce Company, Inc.1

This cause of action arose out of an oral agreement between Kane and Edward J. Woerner Sons, Inc.; Lester J. Woerner, individually; and Woerner Produce Company, Inc., a corporation. Counts 1 and 2 of Kane's complaint alleged, respectively, negligence and willful and wanton performance of the aforementioned oral agreement to spray Kane's corn fields with pesticide. Counts 3 and 4 alleged, respectively, negligence and willful and wanton misconduct in the picking of Kane's corn crop.…