Jury Instructions – Wrongful Death Claim

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7^th Circuit Court of Appeals

Case Name: Edin Karahodzic v. JBS Carriers, Inc.

Case No.: 16-3931

Officials:  EASTERBROOK, ROVNER, and HAMILTON, Circuit Judges.

Focus: Jury Instructions – Wrongful Death Claim

Hasib Karahodzic, a commercial truck driver for E.J.A. Trucking, Inc., was killed when his vehicle collided with a truck driven by Orentio Thompson, an employee of JBS Carriers, Inc. A jury trial on the claims brought by Hasib’s estate and by his son Edin, individually, resulted in a judgment in favor of the plaintiffs. On appeal, the defendants first assert that the court committed reversible error in refusing to give an Illinois pattern jury instruction on the duty to mitigate damages, and in giving instructions related to “careful habits” and “exigent circumstances.” The defendants also argue that the court should have apportioned the award given to Edin personally on his rescue doctrine claim by the same percentages that the jury used in setting the estate’s damages on the wrongful death claim. The defendants further maintain that the court erred when it allowed the jury to award Esma’s lost earnings as damages under the Wrongful Death Act. And finally, the defendants contend that they were denied a fair trial due to certain evidentiary rulings made by the trial court. The defendants appeal and we affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.