Illinois Law - Concert of Action

Norman v. Brandt, No. 4-09-0246 (February 4, 2010). Plaintiff alleged that Defendant, who offered to lead cars of friends who were heading to lake to swim, drove his vehicle “in concert” with driver of vehicle from which Plaintiff was thrown to cause his injuries and death. Plaintiff’s vehicle was following closely behind Defendant on a narrow country road and careened off road and rolled over in field.

Court upheld summary judgment for Defendant,  however, finding that althoug Defendant exceeded speed limit, he did not commit tort in concert, per Restatement of Torts Section 876, as he was not attempting to race, horseplay, or drive in way to encourage or substantially assist the other driver to drive negligently.