O'CALLAGHAN V. WALLER & BECKWITH REALTY CO. 15 Ill. 2d 436,155 N.E. 2d 545 (1958) CASE BRIEF

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.

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LEGAL ANALYSIS:





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