June 29, 2007
JOANN CRUMPTON, as Special Administrator of ) Appeal from
the Estate of Christina Crumpton, Deceased, ) the Circuit Court
) Of Cook County.
WALGREEN COMPANY, a Corporation, )
Defendant-Appellee. ) Deborah M. Dooling,
) Judge Presiding.
PRESIDING JUSTICE QUINN delivered the opinion of the court:
Plaintiff Joann Crumpton filed a wrongful death and survival action against defendant
Walgreen Co. (Walgreens) following the death of her daughter, Christina. Following a trial, on
October 13, 2005, the jury returned a verdict in favor of plaintiff for $875,000 and also signed a
special interrogatory finding that plaintiff was 25% contributorily negligent in her daughter’s
death. Plaintiff appeals from orders of the circuit court granting Walgreens’ motion for judgment
notwithstanding the verdict (judgment n.o.v.) and denying plaintiff’s posttrial motion to vacate the
jury’s special finding that plaintiff was 25% contributorily negligent in this case. Plaintiff also
appeals from the circuit court’s order denying plaintiff’s supplemental post-trial motion to vacate
the court’s order entering judgment n.o.v., to vacate the special finding that plaintiff was
contributorily negligent, and to grant plaintiff a new trial. For the following reasons, we affirm.