Mykytiuk v. Stamm

Plaintiff David Mykytiuk, a minor, by his father and next friend, Stephen Mykytiuk, sued defendants, Raymond D. Stamm and Acco International, Inc. (Acco), for personal injuries sustained when plaintiff was struck by a car driven by Stamm and leased by Acco, Stamm’s employer. A jury trial resulted in a verdict for defendants. Plaintiff moved for and was granted a new trial by the trial court. Defendants appeal.

Plaintiff lived with his family in Wheeling, Illinois, on October 21, 1985, the day he was struck by defendants’ car. Hintz Road, a two-lane, east-west road ran past the Mykytiuk home,…