In an action for personal injuries brought by the plaintiff, Richard A. Lange, against the defendant, Coca-Cola Bottling Company
of Chicago, Inc., the circuit court of Cook County entered a summary judgment in favor of the plaintiff on the issue of liability,
and a jury returned a verdict of $90,000 against the defendant on the issue of damages. Judgment was entered on the verdict.
The Appellate Court, First District, affirmed the judgment as to liability but reversed and remanded for a new trial on the
damage issue. (105 Ill. App.2d 99.) We granted the defendant's petition for leave to appeal from the judgment determining
its liability. The question for decision is whether the circuit court and the appellate court properly applied the doctrine of estoppel
by verdict in entering and affirming summary judgment against Coca Cola on the issue of liability. We hold that they did not.