O'callaghan v. Waller & Beckwith Realty Co.

15 Ill. 2d 436,155 N.E. 2d 545 (1958)

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Nature of the Case

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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.