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BIZARRO v. ZIEGLER

No. 1-91-2849, 1-91-2955.

627 N.E.2d 122 (1993)

254 Ill. App.3d 626

194 Ill.Dec. 6

Adolfo BIZARRO, Special Administrator of the Estate of Bertha Bizarro, Deceased, Plaintiff-Appellee, v. Danny ZIEGLER, E.L. Murphy Trucking Company and H & F Trucking Company, Defendants-Appellants.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied January 26, 1994.

Attorney(s) appearing for the Case

Williams & Montgomery, Ltd., Chicago, (Michael Labarge, Ginamarie A. Gaudio, Barry Kroll, Lloyd E. Williams, Jr., of counsel), for defendants-appellants.

John G. Phillips & Associates, Chicago, (Stephen Phillips, Paul Wolf, J.W. Mitchell, of counsel), for plaintiff-apperiee.

Presiding Justice GORDON delivered the opinion of the court:

Plaintiff, as administrator of the decedent's estate, brought a wrongful death action after defendants' truck struck and killed decedent as she was standing on a highway next to a disabled car. The jury returned a verdict for plaintiff, but reduced the award by 25% finding contributory negligence on the part of decedent. Plaintiff filed a post-trial motion for a judgment notwithstanding the jury's finding...

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