Madigan v. Browning Ferris Industries

I disagree with the majority’s holding that, based on the facts as set forth in this record, the question of willful and wanton misconduct should be allowed to go to the jury.

While the general rule is that the question of whether the defendant’s behavior was merely negligent or so reckless as to constitute willful and wanton misconduct is for the jury to determine, the law does not mandate that every allegation of willful and wanton misconduct must be submitted to the jury for determination. Nor is the trial court required to accept all of the inferences which the plaintiff may draw from his…