Wolfe v. Menard, Inc.

Defendant, Menard, Inc. (Menards), appeals from the judgment of the circuit court of Winnebago County in favor of plaintiff, James K. Wolfe, after a trial by jury. Menards also appeals from the order of the trial court denying its posttrial motion. Plaintiff cross-appeals from certain rulings the trial court made during the hearing on the post-trial motion. We reverse and remand this cause for a new trial, based upon the trial court’s ex parte communication with the jurors during their deliberations, and we dismiss plaintiff’s cross-appeal.

FACTS

On November 11, 1999, plaintiff entered the…