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Civil Procedure Keyed to Babcock
McCormick v. Kopmann
Citation:
161 N.E.2d 720 (Ill. Ct. App. 1959)Facts
Plaintiff McCormick, wife of decedent killed after Defendant Kopmann’s truck crashed into his car, sues Defendant and three other defendants alleging two conflicting claims. The first claim against Defendant Kopmann alleged that Defendant negligently operated his vehicle causing McCormick’s husband’s death. In order to recover under this claim McCormick had to be free from contributory negligence. In the second claim against the two other defendants Anna John and Mary Huls, Plaintiff alleged that the two allowed Plaintiff’s husband to drink in excess before the accident, causing him to be intoxicated and as a result be involved in the deadly accident which killed him.
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