Affirmative Defense
PRELIMINARY RESEARCH AFFIRMATIVE DEFFENSE
I have located the following cases and statues that I believe can be used as Affirmative Defenses for our client, Anheuser-Bush in the case of Justin King. Further, I believe the statute of limitation has expired for filing this auto accident claim for negligence, the Plaintiff is more than 50% negligent in his own injuries, therefore, modified comparative negligence, further, the plaintiff failed to wear protective headgear as is required in his resident state of Missouri. 1. Negligence / Personal Injury - 2 Years with Modified Discovery Rule (knew or should have known injury was wrongfully caused even if plaintiff did not know it was actionable). (statutes of limitations). 2. Illinois has adopted a form of modified comparative negligence. Under this doctrine, a claimant's action is barred only if his contributory fault is more than 50 percent of the proximate cause of the injury or damage for which recovery is sought. Otherwise, the claimant's recovery is diminished in proportion to his percentage of fault. 735 Ill. Comp. Stat. Ann. § 5/2-1116 (Westlaw 2010). (Illinois). Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter: (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. In no event shall such movement be made by driving off the pavement or the main traveled portion of the roadway. (625 ILCS 5/11-703) (from Ch. 95 1/2, par. 11-703)Sec. 11-703. [..] overtaking on the left. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by
I have located the following cases and statues that I believe can be used as Affirmative Defenses for our client, Anheuser-Bush in the case of Justin King. Further, I believe the statute of limitation has expired for filing this auto accident claim for negligence, the Plaintiff is more than 50% negligent in his own injuries, therefore, modified comparative negligence, further, the plaintiff failed to wear protective headgear as is required in his resident state of Missouri. 1. Negligence / Personal Injury - 2 Years with Modified Discovery Rule (knew or should have known injury was wrongfully caused even if plaintiff did not know it was actionable). (statutes of limitations). 2. Illinois has adopted a form of modified comparative negligence. Under this doctrine, a claimant's action is barred only if his contributory fault is more than 50 percent of the proximate cause of the injury or damage for which recovery is sought. Otherwise, the claimant's recovery is diminished in proportion to his percentage of fault. 735 Ill. Comp. Stat. Ann. § 5/2-1116 (Westlaw 2010). (Illinois). Overtaking a vehicle on the left. The following rules govern the overtaking and passing of vehicles proceeding in the same direction, subject to those limitations, exceptions, and special rules otherwise stated in this Chapter: (a) The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle. In no event shall such movement be made by driving off the pavement or the main traveled portion of the roadway. (625 ILCS 5/11-703) (from Ch. 95 1/2, par. 11-703)Sec. 11-703. [..] overtaking on the left. No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing another vehicle proceeding in the same direction unless authorized by