Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Coleman v. Hermann

OPINION FILED JULY 21, 1983.

CHRIS A. COLEMAN, PLAINTIFF-APPELLANT,

v.

DAVID J. HERMANN, DEFENDANT-APPELLEE.



Appeal from the Circuit Court of McHenry County; the Hon. Roland Herrmann, Judge, presiding.

PRESIDING JUSTICE SEIDENFELD DELIVERED THE OPINION OF THE COURT:

The principal issue in this appeal is whether the failure to submit a general verdict form to the jury in a comparative negligence case invalidates its verdict. Plaintiff additionally urges that the verdict is against the manifest weight of the evidence and claims error in the direction of a verdict for the defendant on a count of wilful and wanton misconduct.

THE VERDICT

The plaintiff tendered Illinois IPI general verdict forms (Illinois Pattern Jury Instruction (IPI), Civil, No. A45.09 (Supp. 1981)). The court refused these verdict forms and over a general objection by the plaintiff gave the following non-IPI verdict form tendered by the defendant:

"We, the Jury, find the following special verdict on the issues submitted to us:

Issue No. 1. Was the defendant negligent?

Answer `yes' or `no' by placing a mark in the appropriate box.

Answer: [] Yes [] No

If you have answered Issue 1 `yes', then answer the next issue.

Issue No. 2. Was the negligence of the Defendant a proximate cause of injury to the Plaintiff?

Answer `yes' or `no' by placing a mark in the appropriate box.

Answer: [] Yes [] No

If you have answered both Issue No. 1 and Issue No. 2 `yes', also answer the next issue.

Issue No. 3. Was the plaintiff negligent?

Answer `yes' or `no' by placing a mark in the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.