Mangan v. F.C. Pilgrim & Co

In Mangan v. F.C. Pilgrim & Co., 32 Ill. App. 3d 563, 336 N.E.2d 374 (1975), the plaintiff's decedent, Catherine Mangan, who was 83 years old at the time of the incident, fell in her kitchen and suffered injuries from which she later died. Mangan, 32 Ill. App. 3d at 566. Upon finding his mother on the floor of her apartment, the plaintiff's son, Edward Mangan, exclaimed, "'My God, Mom, what happened to you?'" to which Catherine replied, "'A mouse jumped out of the oven, and I fell.'" Mangan, 32 Ill. App. 3d at 566. The Court affirmed the trial court's finding that the statement was an excited utterance. Mangan, 32 Ill. App. 3d at 574. The Court held that there was sufficient evidence to support the jury's finding of negligence because there was testimony revealing a long-standing rodent problem and inadequate measures to relieve the problem. Mangan, 32 Ill. App. 3d at 576.