Hough v. Mooningham

This appeal involves an action for personal injuries sustained by-plaintiff, Jerry Hough, when defendant, Leonard Mooningham, struck him in the head, then on the arm with a shovel. Plaintiff’s complaint is in two counts. Count I sounds in negligence. Count II avers similar facts, but alleges wilful and wanton misconduct. Following a bench trial, the circuit court of St. Clair County entered judgment finding neither negligent nor wilful and wanton contributory fault by plaintiff, holding in favor of plaintiff and against defendant on both counts I and II of the complaint, and awarding…