Ferrell v. Esparza

PRESIDING JUSTICE MAAG

delivered the opinion of the court:

Bernard Dale Ferrell (plaintiff) filed a negligence action against J.W. Esparza, doing business as Joe’s Steam-It (Joe’s), to recover damages for injuries he suffered as a result of his exposure to excessive levels of carbon monoxide. The circuit court of Saline County entered a summary judgment in favor of plaintiff on the issue of liability. The jury awarded $355,000 in damages to plaintiff. Joe’s appeals. On appeal Joe’s contends that the summary judgment was improper because Joe’s owed no duty to plaintiff and its conduct was not a…