Affirmative Defense Essay

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PRELIMINARY RESEARCH AFFIRMATIVE DEFFENSE I have located the following cases and statues that I believe can be used as Affirmative Defenses for our client, Anheuser-Bush in the case of Justin King. Further, I believe the statute of limitation has expired for filing this auto accident claim for negligence, the Plaintiff is more than 50% negligent in his own injuries, therefore, modified comparative negligence, further, the plaintiff failed to wear protective headgear as is required in his resident state of Missouri. 1. Negligence / Personal Injury - 2 Years with Modified Discovery Rule (knew or should have known injury was wrongfully caused even if plaintiff did not know it was actionable). (statutes of limitations). 2.…show more content…
In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within 200 feet of any vehicle approaching from the opposite direction. (625 ILCS 5/11-705) (from Ch. 95 1/2, par. 11-705) Sec. 11-705. Drive on right side of roadway - Exceptions. (b) Upon a 2 lane roadway, providing for 2-way movement of traffic, a vehicle shall be driven in the right-hand lane available for traffic, or as close as practicable to the right hand curb or edge of the roadway, except when overtaking and passing another vehicle proceeding in the same direction or when preparing for a left turn at an intersection or into a private road or driveway. (625 ILCS 5/11-701) (from Ch. 95 1/2, par. 11-701)Sec. 11-701; (Source: P.A. 76-1586.) (ilga) 3. Reckless driving; aggravated reckless driving. (a) A person commits reckless driving if he or she: (1) drives any vehicle with a willful or wanton disregard for the safety of persons or property; (625 ILCS 5/11-503) (from Ch. 95 1/2, par. 11-503) Sec. 11-503. (ilga). Definitions (36) "Motorcycle", a motor vehicle operated on two wheels; 2. Every person
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