Unformatted text preview: contributory negligence and comparative fault. Plaintiffs who are more than 50% at fault cannot recover; plaintiffs who are 50% or less at fault can recover, but their recovery is reduced by their proportion of the fault. A plaintiff’s comparative fault is assessed with respect to the conduct of all who contributed to the injury, whether or not they are parties to the suit. 735 ILL. COMP. STAT. 5/2-1116 (2012). Assumption of the risk. Despite the adoption of modified comparative fault, the Illinois Supreme Court has upheld the existence of the “open and obvious danger doctrine” as well as the 2 “assumption of risk” defense, stating that the obviousness of a danger and the plaintiff’s own negligence affect whether and to what extent the plaintiff is comparatively negligent. Deibert v. Bauer Bros. Constr. Co. , 141 Ill. 2d 430, 436-37, 566 N.E.2d 239, 243 (1990). 3...
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IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
JUSTIN WILLIAM KING, )
Plaintiff. ) Civil Action No. 11-CIV-012345
) Honorable Julie James
ANHEUSER-BUSCH COMPANIES, INC. )
FIRST SET OF INTERROGATORIES TO PLAINTIFF
TO: Plaintiff Justin King
c/o Jane Smith
123 Main Street
Chicago, IL 60601
PLEASE TAKE NOTICE that defendant demands answers to the following Interrogatories, to be answered under oath, pursuant to the Federal Rules of Civil Procedure.
INTERROGATORY NO. 1.
Was Plaintiff under the influence of any substances, legal and/or illegal, prescribed by a physician and/or not prescribed by a physician, at the time of the April 4th accident (the “Accident”)? If so, please provide a complete list of each substance, legal or illegal, prescribed by a physician and/or not prescribed by a physician and annex the aforementioned list hereto.
INTERROGATORY NO. 2.
Please state in full detail any and all injuries Plaintiff alleges were sustained as a direct result of the Accident.
INTERROGATORY NO. 3.
Please indicate what protective gear, if any, Plaintiff was wearing at the time of the Accident.
INTERROGATORY NO. 4.
Did Plaintiff have automobile insurance at the time of the Accident? If so, please provide the name, business address, telephone number and policy number for the aforementioned policy.
INTERROGATORY NO. 5.
Please indicate whether you are currently under the care and/or supervisor of a physician, psychiatrist and/or some other type of health care professional. If so, please provide the name(s), address(es) and telephone number(s) for each such health care professional.
234 Main Street
Chicago, IL 60601
Attorneys for Defendant