[DOWNLOAD] "Braglia v. Cephus" by Illinois Appellate Court ? First District (2Nd Division) Affirmed in Part and Remanded in Part ~ eBook PDF Kindle ePub Free
eBook details
- Title: Braglia v. Cephus
- Author : Illinois Appellate Court ? First District (2Nd Division) Affirmed in Part and Remanded in Part
- Release Date : January 29, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Plaintiff, David Braglia, brought this action seeking to recover damages for injuries sustained in a motor-vehicle accident on March 10, 1979. On July 31, 1984, the motion judge entered an order of default against the defendants for failure to answer the first amended complaint. The default order was vacated by the trial court on March 11, 1985, and the matter proceeded to trial on all issues. After trial, the jury returned a verdict in favor of plaintiff and against defendants. It found that plaintiff sustained damages in the sum of $400,000 and that plaintiff's own comparative fault was 81.25%. Plaintiff's recoverable damages were assessed at $75,000. Plaintiff filed this timely appeal. Plaintiff's principal assignment of error is that the trial court wrongfully vacated the default order previously entered by the motion judge. Plaintiff also contends that the jury's finding that plaintiff was 81.25% comparatively negligent is against the manifest weight of the evidence, and that the trial court erred in refusing to admit into evidence a statement made by a deceased defendant to his insurance carrier.
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