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eBook details

• Title: Thornton v. Illinois Founders Insurance Co.
• Author : Supreme Court of Illinois
• Release Date : January 18, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 77 KB

Description

Wayne Lee Thornton (plaintiff) filed a garnishment action in the circuit court of McLean County against Illinois Founders Insurance Company (Illinois Founders), the insurer for Ben Paul and Ben's Den, Inc. (defendants), against whom plaintiff had been awarded a $30,000 default judgment for personal injuries. The trial court held that the exclusion clause in the policy of insurance relating to incidents arising out of assault and battery applied, thereby relieving Illinois Founders of liability. A majority of the appellate court reversed and remanded, finding that the trial court erred in striking certain evidence and in allowing costs incurred on appeal. (85 Ill. App.3d 121.) This court allowed Illinois Founders' petition for leave to appeal. This case has previously been before this court; therefore, we will only review the facts necessary for an understanding of the issues. (For a full recital of the facts, see Thornton v. Paul (1978), 74 Ill.2d 132.) In the early morning hours of January 1, 1973, Ben Paul, the proprietor of a tavern (Ben's Den, Inc.), struck plaintiff on the head with a wooden club after plaintiff and his friends, who were drinking in the tavern and were allegedly rowdy and loud, refused to leave the premises at Paul's insistence. Paul was charged with the offense of aggravated battery. After a bench trial on stipulated facts, he was convicted of the lesser offense of battery. Plaintiff then filed a complaint against defendants, alleging wilful and wanton conduct, for personal injuries incurred in the January 1 incident.

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