Further, the definition of negligence as used in the Illinois Pattern Jury Instruction Civil focuses on “something which a reasonably careful person would do or…not do,” Id, 543 N.E. Specifically, when Prosser discussed self-defense in the context of an intentional tort, he stated that the belief of the apparent necessity to use self-defense must be reasonable under the circumstances. 19, and Illinois Pattern Jury Instruction Civil No. In adopting the plaintiffs’ argument, the Appellate Court relied on W. The focus is on the determination of the necessity of the use of the force.” Id., 543 N.E. Thus, whether the ultimate act (the stabbing) is intentional or not is immaterial.
In the case of deadly force, a person could only employ it if a reasonably prudent person would determine it was necessary to do so to avoid imminent harm or death to himself or others. The plaintiffs “in essence would find that a person using self-defense would have a duty to the other party to only use so much force as a reasonably prudent person would in that situation. On the other hand, the plaintiffs argued that the focus should be on the conduct surrounding the stabbing as opposed to the stabbing itself. In support of his argument, the defendant argued that the stabbing was done intentionally and therefore a recovery based upon negligence was improper. The defendant’s principal issue on appeal was whether the facts of the case could sustain a negligence verdict. The jury returned a verdict in favor of the plaintiffs on the negligence count and the defendant appealed. The plaintiffs’ theory of negligence was that the defendant’s use of excessive force was unreasonable as dictated by the exercise of ordinary care. Wendell arose, confronted Phillip, and in a fight, obtained a knife and inflicted fatal wounds.” Id., 543 N.E. “Their son, Phillip, who was intoxicated and had earlier argued with Wendell, came to the senior Johnson’s trailer, argued with Betty, and knocked her down. The defendant, Wendell Johnson, and his wife, Betty, had retired for the night in their trailer. In Blackburn, the plaintiffs’ decedent was the victim of a fatal stabbing incident. The courts first addressed the theory in Blackburn v. Negligent use of self-defense has long been recognized as a viable cause of action in Illinois. Recent developments concerning the theory of “Negligent Use of Self Defense” may guide you in deciding whether or not to take the case. He asks you if you are interested in representing his client for the injuries he received as a result of the shooting.
CURRENT INSTANITY DEFENSE LAW TRIAL
The shooter was arrested and is awaiting trial on attempted murder charges. He tells you that one of his clients was recently shot during an altercation. You receive a call from a referring attorney. Trial Journal of the Illinois Trial Lawyers’ Association, Vol.
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