Dennik v. Fox River Bus Lines, Inc.

Plaintiffs argue that they are entitled to a new trial because certain answers in the special verdict are inconsistent; because the circuit court refused to give requested instructions; and because a new trial is necessary in the interest of justice. Our conclusions follow:

1. Inconsistency in the special verdict. Plaintiffs argue that if David were ahead of the bus, the driver, who did not see him, must have been negligent as to lookout as a matter of law. Under the circumstances disclosed by this record, we agree. Plaintiffs then argue that the finding that the driver was negligent in…