Unit 4 Justin King

| Affirmative Defenses |

| |

| Katrina AllenCivil Litigation, PA110

9/22/14

|

| Affirmative Defenses |

| |

| Katrina AllenCivil Litigation, PA110

9/22/14

|

After doing some research I have come up with these affirmative defenses to help us against Mr. King.

1. Comparative negligence is defined by Black’s Law Dictionary 8th edition as, a plaintiffs own negligence that proportionally reduces the damages recoverable form a defendant.

Katzenberger v. State, 43 Ill. Ct. Cl. 218 N.E. 2d (1991)

In this case claimant David Katzenberger alleges that he was injured as a result of the negligence of one of the State's agents when, on March 14, 1985, he was forced to “lay his motorcycle down” after a Department of Conservation truck unexpectedly entered his lane in order to make an improper U-turn. Just prior to the accident, he was in the passing or inside lane, and that Mr. Williams was in the slower or outside lane. U.S. 40 at the point in question is a four-lane highway with two lanes going in each direction, with the east and westbound traffic being separated by a central divider or curb. Claimant testified that he was traveling approximately 45 miles per hour and that, as he came within 15 to 20 feet behind the Conservation truck, Respondent's agent stuck his hand out the window, waved it up and down, and proceeded to cross over into Claimant's lane. Claimant testified he did not notice any electrical turn signal. Upon further inquiry, Claimant testified that the Conservation truck, at that time, was travelling only 20 to 25 miles per hour and slowing. According to the Claimant, when the truck changed lanes, he was forced to move as close to the center curb as possible and, ultimately, to lay the motorcycle down in order to avoid hitting Mr. Williams. The Court therefore finds that the total value of this claim is $55,000.00. The above award should be reduced to $35,750.00 because Claimant is responsible for 35% of the total negligence....