[DOWNLOAD] "Anderson v. Smith" by Illinois Appellate Court — First District (2Nd Division) Reversed and Remanded ~ eBook PDF Kindle ePub Free
eBook details
- Title: Anderson v. Smith
- Author : Illinois Appellate Court — First District (2Nd Division) Reversed and Remanded
- Release Date : January 22, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This appeal proceeds from a jury verdict and judgment entered thereon in a personal injury action in which plaintiff Gerald Anderson brought suit for injuries he sustained as a result of a collision between his station wagon and defendant Donald G. Smith's pickup truck in front of defendant Joseph Colucci's restaurant, near the intersection of Burnham Avenue and 196th Street in southern Cook County. In counts I and II of his complaint, Anderson charged Smith and Colucci with negligence, and in count III thereof, he charged Smith alone with wilful and wanton misconduct. The jury found Smith guilty of negligence 1 and assessed damages at $13,000; however, it answered in the affirmative a special interrogatory finding Anderson guilty of contributory negligence. On the verdict form with respect to the wilful and wanton count, the jury found in favor of Anderson but assessed his damages at $ 0. and awarded him $ 0. damages. The jury answered two additional special interrogatories: on one, it found Anderson not guilty of contributory wilful and wanton misconduct; on the other, it found Smith guilty of wilful and wanton misconduct. The trial court entered judgment for Smith and Colucci on the negligence counts and entered a finding of plaintiff's damages in the amount of $13,000 on the wilful and wanton count in substitution for the jury's assessment of $ 0. damages. Smith brings this appeal from the jury's answer to the special interrogatory finding him guilty of wilful and wanton misconduct and the judgment entered thereon, and from the order denying his post-trial motion. He seeks reversal and entry of judgment here in his favor or, in the alternative, reversal and remandment of the cause for a new trial. For the reasons set forth below, we reverse and remand for a new trial.
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