Wilburn v. City of Chicago

Plaintiff brought a personal injury action against the city of Chicago and two of its employees, William Sink and Leon Koerber. Prior to submission of the case to the jury the circuit court directed a verdict in favor of Koerber. The jury returned a verdict against the city but failed to sign a verdict form as to Sink. The circuit court entered judgment against the city on the verdict. The city, contending that the jury’s failure to sign a verdict against the employee amounted to a finding of not guilty as to the employee, moved for a judgment n.o.v. since its liability was dependent on that…