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CARNEY v. SMITH

No. 1-91-1494.

608 N.E.2d 379 (1992)

240 Ill. App.3d 650

181 Ill.Dec. 306

James CARNEY, Plaintiff-Appellant, v. Sherman SMITH and the Maxwell Company, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

December 29, 1992.

Attorney(s) appearing for the Case

Tyrrell, Etchingham & Associates, Chicago (Thomas J. Tyrrell, James P. Etchingham and Joseph E. Tighe, of counsel), for plaintiff-appellant.

McKenna, Storer, Rowe, White & Farrug, Chicago (James P. DeNardo and Christine L. Olson, of counsel), for defendants-appellees.

Justice DiVITO delivered the opinion of the court:

Plaintiff James Carney (Carney) was injured when his car was struck from behind by an 18-wheel tractor-trailer. Carney sued defendants Sherman Smith (Smith), the driver of the truck, and the Maxwell Company, Smith's employer, to recover damages for his injuries. A jury returned a verdict in favor of Carney, finding that he suffered $153,000 in damages, but reduced the award to $76,500 because it assessed Carney's...

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