Stemm v. Rupel

In 1973, plaintiff, Randall C. Stemm, brought suit against defendants, Charles K. Rupel (Rupel) and Oseo Drug, Inc. (Oseo), for injuries suffered when a car driven by Rupel, in which plaintiff was a passenger, struck a cement bridge abutment. This is the second time this case has been before this court on appeal; the first appeal being found at 30 Ill. App. 3d 864, 332 N.E.2d 686.

Plaintiff’s complaint to recover damages was in two counts: Count I alleged negligence on the part of Rupel; count II alleged willful and wanton conduct on Rupel’s part; both counts sought to hold Oseo liable for…