Bailey v. City of Decatur

The plaintiff, Mamie L. Bailey, appeals a directed verdict entered on her common law tort action against a Decatur policeman, Larry Wamick, for an assault and battery inflicted by Warnick’s allegedly wilful and wanton misconduct and against the City of Decatur on a respondeat superior theory. Plaintiff also appeals the denial of her motion for leave to amend the complaint for the purpose of conforming the pleadings to the proof.

At approximately 2:40 a.m. on October 27, 1974, Officer Wamick went to the plaintiff’s home for the purpose of arresting plaintiff’s husband for a traffic offense.…