Welsh v. White Castle Systems, Inc.

3 Citing cases

  1. Najjar v. Safeway, Inc.

    203 Or. App. 486 (Or. Ct. App. 2005)   Cited 14 times
    Noting that we did not need to consider the denial of a JNOV motion because "[d]efendants’ arguments on their assignment of error to the denial of their motion for judgment notwithstanding the verdict are subsumed within their assignment of error on the denial of their motion for a directed verdict"

    The court allowed the would-be-rescuer plaintiff to recover damages from the crime-victim defendant. Id. at 714, 303 NE2d at 229-30; see also Welsh v. White Castle Systems, Inc., 133 Ill App 3d 957, 962-63, 479 NE2d 944, 948 (1985) (reversing summary judgment against customer of fast food restaurant in action to recover for personal injuries customer incurred when he responded to a security guard's call for help in the midst of a knife fight with a thief). We decline defendants' invitation to adopt the reasoning of the non-Oregon cases they cite; nor do we adopt the reasoning of the Illinois cases.

  2. Brown v. Jewel Companies, Inc.

    530 N.E.2d 57 (Ill. App. Ct. 1988)   Cited 3 times
    Upholding dismissal of complaint against shopkeeper where plaintiff pushed down by fleeing shoplifter and ruling that the consequence of a rule against pursuit would be a substantial encouragement to shoplifting

    The danger of injury in those cases was much greater than that from an occasional fleeing shoplifter in the instant case. In Welsh v. White Castle Systems, Inc. (1985), 133 Ill. App.3d 957, 479 N.E.2d 944, and Jacobsma v. Goldberg's Fashion Forum (1973), 14 Ill. App.3d 710, 303 N.E.2d 226, store customers were injured by fleeing thieves when they attempted to stop the thieves at the request of store employees. In Jacobsma, the store employees had knowledge that the shoplifter had three days earlier attempted to steal from the store.

  3. Tennant v. Clark Equipment Co.

    492 N.E.2d 632 (Ill. App. Ct. 1986)   Cited 3 times

    ( Nolan v. Johns-Manville Asbestos Magnesia Materials Co. (1979), 74 Ill. App.3d 778, 794, 392 N.E.2d 1352, aff'd and remanded (1981), 85 Ill.2d 161, 421 N.E.2d 864.) If different inferences arise from even undisputed facts, the motion for summary judgment should be denied. Welsh v. White Castle Systems, Inc. (1985), 133 Ill. App.3d 957, 962, 479 N.E.2d 944. • 2 In this case, the facts are not disputed. What is disputed is the proximate cause of the injury. Generally, "[w]hat constitutes the proximate cause of an injury in a particular case is ordinarily a question of fact to be determined from all the attending circumstances, and it can only be a question of law when the facts are not only undisputed but are also such that there can be no difference in the judgment of reasonable men as to the inference to be drawn from them."