Murphy v. Jewel Companies, Inc.

I dissent. Whether there has been wilful and wanton conduct in any given case necessitates close scrutiny of the facts disclosed by the evidence since in most instances they are wholly dissimilar from case to case. (Mower v. Williams (1949), 402 Ill. 486, 489; cf. Gaiennie v. Fringer (1955), 5 Ill.App.2d 403, 412.) Applying the Pedrick (Pedrick v. Peoria & Eastern R.R. Co. (1967), 37 Ill.2d 494, 510) rule to the evidence in this record, I would reach the conclusion that the trial court did not err in allowing the jury to decide the issue of wilfulness and wantonness. The rule requires the…