Civil Procedure Keyed to Marcus
McCormick v. Kopmann
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McCormick was killed when a truck operated by Kopmann collided with his car. Plaintiff sued the operator of the car and the Huls, the owners of the bar where McCormick had beer before the accident. Count one of Plaintiff’s complaint alleged that Kopmann, negligently drove his truck across the center-line and collided with McCormick’s car. Count four, brought in the alternative to count one, under the Illinois Dram Shop Act alleged that the Huls, sold alcoholic beverages to McCormick, which rendered him intoxicated. As a result of the intoxication, he drove his car in such a manner as to cause a collision with Kopmann’s truck. Kopmann moved to dismiss the complaint on the grounds that the contradictions between count one and count four were fatal. The trial court denied his motion and the jury returned a verdict against Kopmann for $15,500 under count one and for the Huls under count four. Kopmann appealed.
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