[DOWNLOAD] "Wright v. Mr. Quick" by Supreme Court of Illinois # eBook PDF Kindle ePub Free

eBook details

Title: Wright v. Mr. Quick
Author : Supreme Court of Illinois
Release Date : January 21, 1985
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

The plaintiff, Lisa Wright, was injured when she fell in the parking lot of her employer, Great Eight, Inc. (Great Eight). Great Eight operates a fast-food restaurant pursuant to a franchise agreement and real estate sublease with the defendant, Mr. Quick, Inc. (Mr. Quick). Plaintiff instituted an action against Mr. Quick in the circuit court of Tazewell County, claiming that defendant's failure to properly maintain the premises caused her injuries; Great Eight, of course, could not be named as a defendant because plaintiff's exclusive remedy against her employer was that provided under the Workers' Compensation Act (Ill. Rev. Stat. 1981, ch. 48, par. 138.1 et seq.). The circuit court allowed Mr. Quick's motion for summary judgment. The appellate court, with one justice dissenting, reversed and remanded for further proceedings. (129 Ill. App.3d 226.) We granted defendant's petition for leave to appeal (94 Ill.2d R. 315). The crux of this controversy is whether, at the time plaintiff was injured, defendant owed a duty in tort to persons on the property, a question which turns on the relationship between Mr. Quick and Great Eight. Mr. Quick leased the land on which the restaurant is located from the owners, who are not parties to this action. Mr. Quick, in turn, executed a sublease demising the entire property to Great Eight, which actually operated the restaurant and was in sole possession of the property. A franchise agreement between Mr. Quick as franchisor and Great Eight as franchisee was entered into contemporaneously with the sublease.