Flener v. Brewster Motors, Inc.

Mr. JUSTICE GEORGE J. MORAN

dissenting:

In my opinion the majority adopts an improper standard in upholding the trial court’s action in granting the defendants’ post-trial motion. Prior to the decision of our Supreme Court in Pedrick v. Peoria & Eastern R.R. Co., 37 Ill.2d 494, the courts of review of this state had in various opinions stated what was then the general rule that when there is any evidence which taken with its reasonable inferences in its aspects most favorable to the plaintiff, tends to show use of due care, the question of due care is for a jury, but whether there is any such…