Birch v. Township of Drummer

PRESIDING JUSTICE McCULLOUGH

delivered the opinion of the court:

The plaintiff, Patricia L. Birch, brought this negligence action as executrix of the estate of Charles Birch against the township of Drummer and its highway commissioner, Robert Bell. The plaintiff alleged the defendants had been negligent in failing to warn the decedent of a dangerous condition of their roadway, but a jury returned a verdict in the defendants’ favor. On appeal, the plaintiff contends: (1) The jury’s verdict is not supported by the evidence; (2) the trial court erred in instructing the jury under section 11 —…