Citations
- 52 Ill. App. 3d 110
Full opinion text
Mr. JUSTICE MEJDA
delivered the opinion of the court:
Plaintiff, Dennis Mangus, brought action on an amended complaint against defendant, Cock Robin Ice Cream Company, Inc., alleging a count for malicious prosecution and a count for false arrest. After a trial by jury, a general verdict was returned in favor of plaintiff. Defendant appeals from the judgment entered on the verdict contending: (1) there was error in refusing a tendered jury instruction; (2) defendant was entitled to a directed verdict or judgment notwithstanding the verdict; and (3) the damages awarded were excessive. We reverse.
A report of proceedings pursuant to Supreme Court Rule 323(c) was filed in this court, approved by the attorneys for both plaintiff and defendant. (Ill. Rev. Stat. 1975, ch. 110A, par. 323(c).) The pertinent facts follow.
Plaintiff introduced into evidence a copy of a quasi-criminal complaint, signed and sworn to by Rita Hubacek, which provides in part:
“Rita Hubacek agent for Cock Robin complainant, now appears before the Circuit Court of Cook County and states that Dennis Magnus [sic] has, on or about Aug. 12, 1973 7:24 P.M. at Cock Robin, 6956 W. Ogden Ave. committed the offense of Disorderly Conduct in that he did use a Citizen’s Band radio installed in a 1973 Chevrolet Vega 111/73 lie. TX8191 while in the parking lot at Cock Robin, 6956 W. Ogden Ave. to transmit obscene language namely ‘FUCK YOU’ and ‘THOSE POOR BASTARDS DON’T KNOW WHAT THEY ARE EATIN.’ knowing that said transmission was broadcasting over an F.M. radio being played in side the place of business for the entertainment of customers, which at the time of the obscene transmission numbered about 25 to 30 people, thereby causing a breach of the peace, in violation of Chapter Berwyn City Ordinance, Section 23-13.”
Rita Hubacek was called by plaintiff as an adverse witness and testified. She is manager of defendant’s store located at Home and Ogden Avenues in Berwyn, Illinois. At 7:25 p.m. on August 12, 1973, she heard the statement set forth in the complaint broadcast over an FM receiver which played music constantly during business hours in defendant’s store. At the time there were approximately eight to 10 other employees and 35 customers in the store. She was working at the rear, and upon hearing the transmission, which took approximately 10 seconds, she went immediately to a window and looked into the parking lot, and then ran to the front