Mort v. Walter

In this personal injury action the circuit court of Sangamon County directed a verdict in favor of defendant, Alice I. Walter. A divided appellate court affirmed in a Rule 23 order (109 Ill. App. 3d 1221), and plaintiff, Kevin Mort, a minor represented by his father and next friend, William Mort, was granted leave to appeal to this court.

The facts concerning the accident which resulted in plaintiff’s serious personal injuries are essentially undisputed. On June 15, 1978, plaintiff, who was four years old, lived with his family in a farmhouse located on the north side of Old Jacksonville Road,…