Burkee v. Mack Chicago Corp.

On January 14, 1975, the plaintiff, Oliver Burkee, was struck by a truck owned by the defendant, Mack Chicago, and driven by Jack DiLiberti. The jury returned a verdict in favor of the defendant, and in response to a special interrogatory found Burkee contributorily negligent. Judgment was entered on the verdict.

Jack DiLiberti was dead at the time of the trial and Burkee was the only witness to testify. Burkee testified that he parked his car on the south side of 39th Street, one-half block east of Wallace. He then went to a restaurant on the northeast corner of 39th and Wallace. When he left…