Canning v. Barton

Plaintiffs John and Judy Canning brought this action seeking recovery for personal injuries allegedly sustained when their vehicle struck the rear of a garbage truck which had been parked in a lane of moving traffic on a routine stop. Plaintiffs sued defendants, the owner and driver of the truck, for negligence and willful and wanton misconduct. At trial, after plaintiffs had concluded their case in chief, the court directed a verdict in favor of defendants as to two counts alleging willful and wanton misconduct. The principal issue raised on this appeal is whether the trial court properly…