Simpson v. General Motors Corp.

PRESIDING JUSTICE BUCKLEY

delivered the opinion of the court:

Plaintiff, Kathy Simpson, brought an action for wrongful death predicated on a strict products liability theory against defendants General Motors (CM) and Midco Sales & Service (Midco). Plaintiff’s decedent, Leland Simpson, died as a result of injuries sustained while operating a product manufactured by CM and distributed by Midco. Defendants pleaded assumption of risk. After trial, in answer to a special interrogatory, the jury found that decedent “was guilty of assumption of risk.” Based on a “comparative fault” instruction, the…