Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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

Payne v. Schneider National Carriers

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


December 17, 2009

DAVID PAYNE, PLAINTIFF,
v.
SCHNEIDER NATIONAL CARRIERS, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is plaintiff's Motion to Strike Schneider National Carriers, Inc.'s Affirmative Defenses. (Doc. 18). Defendant filed a response in opposition at Doc. 20.

In its responsive pleading, Doc. 12, Schneider National Carriers, Inc., raised affirmative defenses of contributory negligence, negligence of parties other than defendant, and several (as opposed to joint) liability pursuant to 735 ILCS5/2-1117. Plaintiff contends that these matters are mere legal conclusions or mere considerations as to the allocation of damages in a comparative fault scheme.

These defenses are not insufficient on their face. Their validity depends on the development of disputed facts. Therefore, they should not be stricken. See, U.S. v. 416.81 Acres of Land, 514 F.2d 627 (7th Cir. 1975).

Plaintiff's Motion to Strike Schneider National Carriers, Inc.'s Affirmative Defenses (Doc. 18) is DENIED.

IT IS SO ORDERED.

CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE

20091217

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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