(DOWNLOAD) "Bentley v. Saunemin Township" by Supreme Court of Illinois * Book PDF Kindle ePub Free
eBook details
- Title: Bentley v. Saunemin Township
- Author : Supreme Court of Illinois
- Release Date : January 01, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Genevieve N. Bentley, administrator of the estate of Bonnie Ann Holzhauer, filed this wrongful death action in the circuit court of Livingston County against Saunemin Township, the township highway commissioner, Livingston County, the county superintendent of highways, and Doris Sexton, administrator of the estate of Gerald Holzhauer, Bonnie Ann's husband. Plaintiff later dismissed Sexton. The basis of plaintiff's claim against the remaining defendants was the alleged negligence of those defendants in failing to maintain visibility of a stop sign at the intersection of State highway 47 and a Saunemin Township road. A jury returned a verdict for defendants and stated, as its finding in response to a special interrogatory, that the husband of Bonnie Ann Holzhauer — driver of the automobile in which she rode — was guilty of negligence which was the sole proximate cause of Bonnie Ann's death. The trial judge entered judgment on the verdict and denied plaintiff's motion for judgment n.o.v. On appeal by plaintiff, the appellate court held that the trial judge should have granted plaintiff's motion for judgment n.o.v. as to the township and its highway commissioner. (77 Ill. App.3d 598.) The appellate court found that Bonnie Ann Holzhauer was not guilty of contributory negligence, that the negligence of the township and its highway commissioner was a proximate cause of the death of Bonnie Ann Holzhauer, and that any negligence on the part of her husband was not sufficient to relieve the township and the commissioner of liability. The court accordingly reversed the judgment of the circuit court and remanded the cause to the circuit court to address the question of damages. We granted the petition for leave to appeal filed by the township and its highway commissioner. No question is raised as to the liability of the county and its superintendent of highways, and our discussion is limited to the defendant township and its highway commissioner. On the date of the accident, July 27, 1975, Bonnie Ann Holzhauer was a passenger in an automobile driven by her husband, Gerald Holzhauer. They were proceeding westbound on a gravel-surfaced township road, they entered State highway 47, a north-south highway, and they there collided with a northbound vehicle. Both Holzhauers were killed.
 "Bentley v. Saunemin Township" by Supreme Court of Illinois * Book PDF Kindle ePub Free){kind=link}