Reed Armstrong associate, Tori L. Cox, successfully briefed, argued and defended an appeal by a wrongful death plaintiff who sought reversal of a setoff granted by the Madison County Circuit Court. In the case of Edgar v. Medstar Ambulance Inc., plaintiff brought her wrongful death suit against BJC Home Medical Equipment on a theory of negligence and against Medstar on a theory of willful and wanton conduct. BJC settled for $40,000 before trial. After trial, the jury awarded plaintiff $60,000 against Medstar. Medstar then moved the court to setoff the verdict by the $40,000 previously paid by BJC pursuant to the Joint Tortfeasor Contribution Act. In accordance with Supreme Court precedent in Ziarko v. Soo Line R. R., 161 Ill. 2d 276 (1994), the Appellate Court, Fifth District affirmed in an unpublished Rule 23 order. The determinative fact was that plaintiff’s allegations, proofs, and arguments regarding defendant’s willful and wanton conduct were not based on intentional acts but, rather, recklessness.
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