Czapski v. Maher

Illinois Appellate Court
Civil Court
Insurance
Citation
Case Number: 
No. 1-10-0948
Decision Date: 
Friday, June 10, 2011
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded with instructions.
Justice: 
R.E. GORDON
Defendant was test-driving a BMW when he collided with another vehicle; salesperson, in front passenger seat, was killed. Judgment for wrongful death of $13.72 million resulted. A person who test-drives a motor vehicle is a "customer", per the term's plain and ordinary meaning, within meaning of insurance policy issued to dealership. (GARCIA and CAHILL, concurring.)