Hartgraves v. Don Cartage Co.

Plaintiff, Virgle H. Hartgraves, sued in the circuit court of Cook County for damages resulting from the negligence of defendant, Don Cartage Company. The jury rendered a verdict for plaintiff and awarded $60,000 in damages. Defendant appealed and the appellate court reversed and remanded (27 Ill. App. 3d 298). We granted plaintiff’s petition for leave to appeal under Rule 315 (58 Ill.2d R. 315). We affirm the appellate court.

During the course of the trial, one of the 12 jurors was injured and was unable to continue to serve on the jury. There had been no pretrial stipulation to proceed with…