[DOWNLOAD] "Mizowek v. De Franco" by Supreme Court of Illinois * Book PDF Kindle ePub Free

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eBook details

• Title: Mizowek v. De Franco
• Author : Supreme Court of Illinois
• Release Date : January 01, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This appeal involves an action brought in the circuit court of Du Page County by the plaintiff, Barbara Mizowek, for personal injuries she received in an automobile collision while a passenger in a car driven by Tony De Franco, the defendant. Her complaint alleged willful and wanton conduct on the part of the defendant to state a cause of action under the Illinois guest statute, which at the time of the complaint required that a person riding in a motor vehicle as a guest without payment must show willful and wanton misconduct on the part of the driver to recover for injuries arising from the driver's conduct. (Ill. Rev. Stat. 1971, ch. 95 1/2, par. 10-201.) The case proceeded to trial, and at the close of the evidence the plaintiff's motion for a directed verdict on the issue of liability was denied. The jury returned a verdict for the defendant, and judgment was entered for him after the plaintiff's post-trial motions for judgment notwithstanding the verdict, and, alternatively, for a new trial, were denied. The appellate court reversed and remanded with directions to enter judgment for the plaintiff on the issue of liability and to grant a new trial on the question of damages. (32 Ill. App.3d 53.) We allowed the defendant's petition for leave to appeal under Rule 315 (58 Ill.2d R. 315). At 10:15 p.m. on August 30, 1968, the plaintiff was riding as a guest in the front seat of the defendant's 1965 Dodge convertible. The defendant was driving the plaintiff home following a date. They were proceeding south on Oakwood Avenue, a two-lane residential street in Downers Grove, which runs in a generally north-south direction. The speed limit was 25 miles per hour. The weather was clear and warm, and the concrete pavement was dry. There is a stop sign on Oakwood Avenue where it intersects with Grant Avenue, and Oakwood then continues in a southerly direction for approximately one block before curving to the southeast in the shape of a quarter moon. The defendant stopped his car at the stop sign at Grant Avenue and then continued south on Oakwood until the car reached the curve, where it jumped the west curb. The auto traveled 116 feet, striking two trees and then a stump, which caused the car to overturn, pinning the plaintiff beneath it. The plaintiff sustained severe injuries which are not in question here.

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