Blackburn v. Johnson

This is an action for wrongful death. One count was based on intentional tort, the other on negligence. Plaintiffs’ counsel abandoned the intentional tort theory and argued for a verdict based on negligence. The jury returned a verdict for defendant on the intentional tort count, and for plaintiffs in the amount of $599,000 on the negligence count. The circuit court of Macon County denied defendant’s request for a judgment n.o.v. Defendant appeals.

The cause arises from a tragic alcohol-related altercation on July 4, 1981, at a trailer camping ground at Lake Shelbyville. Wendell Johnson and…