(DOWNLOAD) "Pell v. Victor J. Andrew High School" by Illinois Appellate Court — First District (5Th Division) Judgment Affirmed " Book PDF Kindle ePub Free
eBook details
- Title: Pell v. Victor J. Andrew High School
- Author : Illinois Appellate Court — First District (5Th Division) Judgment Affirmed
- Release Date : January 06, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
This is an appeal by defendant AMF, Inc. (AMF) from the entry of judgment in the circuit court of Cook County on a jury verdict for plaintiff Lauren M. Pell for permanent injuries plaintiff sustained during gym class while performing a somersault off a trampoline manufactured by AMF. Prior to trial, plaintiff and defendants School District 230 and Victor J. Andrew High School entered into a settlement agreement for $1.6 million. Thereafter, the jury awarded plaintiff $5 million against AMF on the theory of strict liability, which amount was set off by the $1.6 million settlement figure and resulted in a final judgment against AMF for $3.4 million. Ill. Rev. Stat. 1981, ch. 70, par. 302(c). On appeal, AMF contends that the trial court erroneously failed to direct a verdict in its favor or to grant its motion for judgment notwithstanding the verdict because (1) AMF cannot be held liable for failure to provide warnings and instructional materials to either of the other defendants; (2) because the proximate cause of plaintiff's injury was the school district's wilful and wanton misconduct in failing to properly instruct and supervise plaintiff in the use of the trampoline; and (3) because plaintiff's knee condition was the proximate cause of her injury. AMF contends further that the trial court erred (4) in refusing to allow AMF to present evidence on the issue of plaintiff's comparative negligence; (5) in admitting exhibits that dealt with full-size trampolines; (6) in refusing to admit two of AMF's exhibits, and (7) in finding that plaintiff's settlement with the school district was made in good faith. For the reasons hereinafter set forth, we affirm.