Comparative Negligence Case Summary

Superior Essays
Illinois has a modified comparative negligence structure in that the plaintiff’s claim is barred if the jury finds that the plaintiff’s comparative negligence is more than fifty percent. Instruction B45.01 of the Illinois Pattern Jury Instructions informs the jury of this rule of law and this has been shown to discourage juries from finding plaintiffs more than fifty percent at fault for their injuries. If the jury determines that plaintiff’s comparative negligence to be fifty percent or less, then the amount of the verdict is reduced by the same percentage as the plaintiff’s comparative negligence.

Based upon the investigation that we have been able to complete to date, we believe that a jury will allocate the majority of liability against
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Rossignol and Select Classic Carriers. Further, based upon the limited information that we currently have been able to obtain and recent jury verdicts with similar injuries. Our research has revealed jury verdicts in the range of $350,000 to $1.5 million in cases with similar injuries. Further, settlement values for similar cases range from $250,000 to $1 million. Based on the reported claim that the plaintiff attempted to accelerate past the trailer and on the limited information that we have at this time, we estimate that the plaintiff has a ninety percent probability of obtaining a verdict in his favor. Further, we believe that a jury will find the plaintiff to be five to ten percent at fault for the occurrence. Consequently, we estimate that if the case remains in federal court as we decided, our preliminary evaluation of the potential range for the case would be an estimated $220,000 to $1,150,000 and the preliminary estimated settlement value would be approximately $160,000 to $500,000. However, if the case is remanded back to the Circuit Court of Cook County, the plaintiff’s claim has a preliminary verdict value of $275,000 to $1.3 million and a settlement value at this time of $200,000 to

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