Nevious v. Bauer

Plaintiff-appellant, James Nevious (plaintiff), brought an action against defendants-appellees, Keith Bauer and Marsha Bauer (defendants), under section 1 of the Illinois Domestic Animals Running At Large Act (the Act) (510 ILCS 55/1 et seq. (West 1994)) for injuries sustained in a vehicular collision with defendants’ bull. At the close of evidence, the trial court directed a verdict in defendants’ favor. Plaintiff appeals, contending the trial court misconstrued the burden of proof requirements under the Act, consequently erring in directing the verdict and abusing its discretion by refusing…