O'CALLAGHAN V. WALLER & BECKWITH REALTY CO.
15 Ill. 2d 436,155 N.E. 2d 545 (1958)
NATURE OF THE CASE: O'Callaghan (P) sought review of a judgment, which reversed the
judgment of the trial court and remanded the case with directions to enter judgment in favor
of Beckwith (D), landlord, in P's action to recover for injuries allegedly caused by the
landlord's negligence in maintaining and operating an apartment building.
FACTS: O'Callaghan (P), a tenant in Waller's (D) apartment building, was injured when she
fell while crossing a paved courtyard on her way from the garage to her apartment. P alleged
that the defective pavement in the courtyard caused her injury. P's lease contained an
exculpatory clause which relieved D from liability for negligence. The jury returned the
verdict for P of $14,000 and D appealed. The Appellate Court ruled for D and upheld the
exculpatory clause. The verdict should have been directed for D. The trial court ruling was
reversed. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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