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FUGATE v. GALVIN

No. 78-1607.

84 Ill. App.3d 573 (1980)

406 N.E.2d 19

ELLARD FUGATE, Plaintiff-Appellant, v. BRIAN T. GALVIN et al., Defendants-Appellees.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed May 7, 1980.

Attorney(s) appearing for the Case

James G. Andros, of Chicago, for appellant.

Tim J. Harrington, of Chicago (Robert Guilfoyle, of counsel), for appellees.

Judgment affirmed.

Mr. JUSTICE SIMON delivered the opinion of the court:

The passenger in another's car cannot be liable when, knowing that the owner-driver is intoxicated, he nevertheless asks the owner-driver to take him home from a friend's house they are visiting, only to have the owner-driver run down a pedestrian.

Harry S. Nosal, now deceased, asked defendant Brian T. Galvin to drive him to and from the house of a mutual friend in Galvin's automobile...

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