Plaintiff filed breach of contract action seeking to recover damages from a car accident involving a rental car it leased to Defendant. After jury trial, court entered judgment for Plaintiff. Having ascertained intent of parties and meaning of contract language to be indemnification and not strict liability, as a matter of law, Plaintiff was required to prove that Defendant's affirmative act or omission resulted in Plaintiff's liability to pay damages. If jury were to find that Defendant permitted another person (who was driving at time of accident) to use rental car, then Plaintiff's payment of damages would be "involuntary", but "voluntary" if trier of fact found that Defendant had no role in driver's use of car. Jury should have been instructed as to these factual questions rather than the legal conclusion as to voluntary payment. Court erred in denying Defendant's request for jury instruction on her affirmative defense of voluntary payment, and thus erred in denying her motion for new trial on this basis. (MOORE, concurring; CATES, specially concurring.)
Illinois Appellate Court
Civil Court
Jury Instructions