[DOWNLOAD] "Tonarelli v. Gibbons" by Illinois Appellate Court — First District (3Rd Division) Judgment Affirmed # eBook PDF Kindle ePub Free

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eBook details

• Title: Tonarelli v. Gibbons
• Author : Illinois Appellate Court — First District (3Rd Division) Judgment Affirmed
• Release Date : January 15, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

The plaintiff, Kathleen Tonarelli, as the administratrix of the estate of George Tonarelli, brought an action for the wrongful death of George Tonarelli against the defendant, the Chicago, Rock Island and Pacific Railroad Company, a corporation (Rock Island). 1 George Tonarelli died when he drove a pickup truck onto the tracks at a railroad crossing and was struck by a Rock Island passenger train. The jury returned a $1,500,000 verdict for the plaintiff. The jury further found, under the doctrine of comparative negligence, that the decedent was 25% negligent. Accordingly, it reduced the verdict to $1,125,000. The trial court entered judgment on the verdict, and defendant appeals. The issues presented for review are: (1) whether the trial court erred in giving Illinois Pattern Jury Instruction (IPI), Civil, No. 5.01 (2d ed. 1971); (2) whether the evidence was sufficient to support the jury's finding; (3) whether remarks in the plaintiff's closing argument were improper; (4) whether the court erred in refusing to give an instruction on the taxability of the award; (5) whether the verdict was excessive as a matter of law; and (6) whether the doctrine of comparative negligence as applied in this case violated the defendant's constitutional rights. On September 22, 1969, George Tonarelli was driving south on Ridge Road in the western outskirts of Minooka, Grundy County, Illinois. The Rock Island train, consisting of a 15-foot-high diesel engine and six passenger cars, was traveling east at approximately 80 miles per hour. They collided at the Ridge Road crossing at 9:07 a.m. The truck left no skid marks on the pavement.

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