Mock v. Sears, Roebuck & Co.

Clifford Mock brought an action to recover damages for personal injuries allegedly caused by the negligence of Sears, Roebuck and Company. Defendant Sears moved for a directed verdict at the conclusion of plaintiff’s case and again at the close of all the evidence. Both motions were denied, and the jury returned a $2,000 verdict for plaintiff. Defendant appeals, contending that the trial court applied the wrong standard of care (the jury was instructed on negligence rather than willful and wanton misconduct), and that plaintiff was contributorily negligent as a matter of law.

On March 31,1973,…