• Messa (P) V. Sullivan & Keyman’s Club (D, a) Essay

1735 Words Aug 18th, 2011 7 Pages
Title
• Messa (P) v. Sullivan & Keyman’s club (D, A)

Citation: what court or reporters
• Court: Appellate Ct of IL, First District, First Division
• Cited as: 61 Ill.App. 2s 386, 209 N.E. 2d 872

Author: judge
• Judge Burman

Facts:
• P suffered injury at the Keyman’s Club bldg, Chicago: 1st and 2nd fl has many stores (bowling alley, barber shop, acocktail lounge, banquet and meeting rooms), 3rd fl for a labor union office, and 4th fl empty. 5th fl is residence for Sullivans and no other use on the 5th fl. The D’s apt has safe, furniture, personal property, 3-year old German Shepherd for safe-keeping of the club’s property in the apt.
• There are signs on the exterior and on a bldg directory in the lobby.
• No
…show more content…
From this judgment these two defendants appeal.

Issue (sometimes, the opinion states,…)
• They contend that the plaintiff failed to prove, as she was required to prove in order to recover under the statute, that she was lawfully on the defendants' premises and that she did not provoke the dog to attack. Alternatively the defendants contend that the amount of the damage award is not supported by the evidence.
• lawfully on the defendants' premises: The defendants contend that the other elements are not satisfied, however, because the plaintiff's entry onto the fifth floor past a large sign warning her of the presence of the dog which bit her constituted an unlawful entry by the plaintiff and constituted provocative behavior on her part.
• D argues P was guilty of provocative behavior at the time she was attacked. They reason that the plaintiff approached the apartment and the dog without giving a warning as to the nature of her visit; that this act a threat to the security of the apartment; that the dog resented this threat and that the P should have known such conduct would be likely to provoke a dog to attack.
• D contend that the award of $3,000 is not supported by the evidence and that it is excessive.

Holding: what the courts pending decision
• The trial court awarded the P damages only against James Sullivan and the Keyman's Club in the amount of $3,000.

Rule:…

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