Attorney James P. Devine successfully defended a farmer sued in Circuit Court in Ogle County, Illinois for the wrongful death of a hunter who was struck by the farmer’s combine as the hunter was walking along the side of a rural road, returning to his vehicle after hunting.

The decedent’s attorney alleged that Mr. Devine’s client was negligent in that he failed to keep a proper lookout, and for failing to comply with the safety provisions in the owner’s manual of the combine by detaching a corn head attachment. The attachment was 20.5 feet wide, some two feet wider than the gravel road. Mr. Devine persuaded the jury that the provisions in the manual were only advisory and that the defendant was not negligent because he was in full compliance with the law which allows “implements of husbandry” to be on the road without a special wide use permit. Mr. Devine also argued that the plaintiff who was dressed in full camouflage and walking on the wrong side of the road contributed to his death.

Prior to trial the plaintiff demanded $1.65 million to settle. Based on Mr. Devine’s advice, the insurance company declined to make an offer. At trial, the plaintiff asked the jury to award $750,000. The jury returned a verdict in favor of the defendant, finding that he was not negligent and awarding the plaintiff no money.

This is the second wrongful death verdict in favor of the defense that Mr. Devine has obtained in the last seven months.

Mr. Devine is a partner in the firm’s litigation group, concentrating his practice in personal injury litigation. Contact Mr. Devine to schedule a consultation.