Wimberley v. Material Service Corp.

Mr. PRESIDING JUSTICE STAMOS

delivered the opinion of the court:

Plaintiff filed, a complaint alleging negligence on the part of defendant. A jury trial was conducted. At the close of all the evidence the court allowed plaintiff to file an amended complaint adding a Count based on the doctrine of res ipsa loquitur. The trial court then granted plaintiff’s motion for a directed verdict on the issue of liability. The question of damages was submitted to the jury and they awarded plaintiff the sum of $60,000.00. On appeal defendant contends:(1) It was improper to direct a verdict for plaintiff on…