Johnson v. Colley

Plaintiff, Donald L. Johnson, as executor of the estate of his son Ronald M. Johnson, Sr., brought a wrongful death action against defendants, All-American, Inc., and Max E. Colley. The jury found defendants liable and assessed damages at $1,282,488.96. However, the jury also found plaintiff’s decedent 60% contributorily negligent and reduced the award accordingly. (See Alvis v. Ribar (1981), 85 Ill. 2d 1, 421 N.E.2d 886.) Plaintiff appeals, contending (1) the jury finding that decedent was 60% contributorily negligent is contrary to the manifest weight of the evidence; and (2) the trial…