WINTERS v. KLINE

No. 1-03-0410.

801 N.E.2d 984 (2003)

344 Ill. App.3d 919

280 Ill. Dec. 39

John F. WINTERS, Jr., as Administrator of the Estate of John F. Winters, Sr., Deceased, and Angeline Winters, Individually, Plaintiffs-Appellants, v. Jackie L. KLINE, Individually, and as agent of Winegard Company, and Winegard Company, a corporation, Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

December 2, 2003.


Attorney(s) appearing for the Case

Thomas M. Power, Power, Rogers & Smith, Chicago, for Appellants.

Charles W. Planek, Fitzgerald & Corss, of Chicago; and Stephen R. Swofford, Hinshaw & Culbertson, Chicago, for Appellees.


Presiding Justice WOLFSON delivered the opinion of the court:

Plaintiffs sought damages for injuries resulting in the death of John F. Winters, Sr., when he became pinned between a tollbooth and a truck driven by defendant Jackie L. Kline. The jury returned a verdict for the plaintiffs, but found plaintiffs' decedent 50% negligent in contributing to his injuries. The jury awarded $788,666.66, reduced by 50% to $394,333.33, for loss of financial support, benefits,...

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