Ford v. Grizzle

924 N.E.2d 531, 398 Ill. App. 3d 639, 338 Ill. Dec. 325, 2010 Ill. App. LEXIS 109
CourtAppellate Court of Illinois
DecidedFebruary 17, 2010
Docket5-08-0185 Rel
StatusPublished
Cited by38 cases

This text of 924 N.E.2d 531 (Ford v. Grizzle) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford v. Grizzle, 924 N.E.2d 531, 398 Ill. App. 3d 639, 338 Ill. Dec. 325, 2010 Ill. App. LEXIS 109 (Ill. Ct. App. 2010).

Opinions

JUSTICE WELCH

delivered the opinion of the court:

The plaintiff, Richard D. Ford, appeals from an order of the circuit court of Madison County entering a judgment for the defendant, Terry Grizzle, pursuant to a jury verdict. On appeal, the plaintiff raises numerous issues, which we restate as follows: (1) whether the trial court erred in denying the plaintiff’s motion in limine concerning prior accidents and injuries, (2) whether the trial court erred in denying the plaintiffs motion in limine concerning the amount of damage to the plaintiffs vehicle, photographs of the plaintiffs vehicle, and any argument regarding minimal impact, (3) whether the trial court erred in allowing statements regarding settlement to be heard by the jury, and (4) whether the trial court erred in denying the plaintiffs motion for a new trial, directed verdict, or judgment notwithstanding the verdict (n.o.v.). For the following reasons, we affirm the judgment entered by the circuit court.

On April 12, 2004, the plaintiff filed a complaint in the circuit court of Madison County, alleging that the defendant was negligent when he rear-ended the plaintiff, thereby causing injury to the plaintiffs neck. The defendant admitted that he was negligent in the operation of his motor vehicle, but he denied that the plaintiff was injured to the extent claimed. Beginning on October 9, 2007, a three-day jury trial ensued, in which the following evidence was adduced.

On July 12, 2002, at approximately 4:15 p.m., the plaintiff’s vehicle, while stopped northbound on Main Street in Edwardsville, Illinois, was struck from behind by the defendant’s vehicle. The plaintiffs vehicle was a truck with a hitch on the back. The plaintiff testified that he was stopped for traffic and noticed that the defendant’s vehicle behind him was not stopping. As a result, the plaintiff let up on his brakes and ducked down in anticipation of the impact. The plaintiff estimated that the defendant was traveling between 20 and 25 miles per hour at the time of the collision. The plaintiff testified that his vehicle only moved forward about a foot as a result of the impact.

The defendant testified that at the time of the accident, he was traveling northbound on Main Street behind the plaintiff. The defendant was distracted while driving and was not looking at the road, and when the defendant finally looked up, he saw the plaintiffs vehicle stopped in front of him. The defendant stated that he did not have time to apply his brakes once he looked up and saw the plaintiffs vehicle. The defendant estimated that he was traveling between 15 and 20 miles per hour at the time of the collision.

Immediately after the accident, both the plaintiff and the defendant looked over the vehicles for damage. The damage to the defendant’s vehicle was located on the front grill, headlights, bumper, radiator, and fan blade. The defendant testified that his vehicle had some minor preexisting damage before the accident. The plaintiffs vehicle showed no visible signs of damage from the accident. The plaintiff testified that he had the wind knocked out of him and that he felt sore after the collision. However, the defendant testified that the plaintiff did not complain to him at the scene of the accident about any physical pain the plaintiff might have been experiencing. The plaintiff did not go to an emergency room as a result of the accident.

The plaintiff testified that he had visited his chiropractor, Dr. Brian Walsh, earlier on the day of the accident. The plaintiff had been seeing Dr. Walsh and other medical professionals for treatment for injuries resulting from two earlier motor vehicle accidents, one occurring in December 2000 and another occurring on June 8, 2002, just more than one month before the July 2002 accident at issue on appeal.

In the December 2000 accident, the most significant of the three collisions, the vehicle the plaintiff was traveling in was “t-boned” by another vehicle traveling approximately 35 miles per hour. The plaintiffs vehicle was pushed 35 to 40 feet as a result. The plaintiff stated that he had constant, sharp, stabbing pain from the accident, including pain radiating down both arms and his back, significant neck pain, and pain in his ranges of motion. The plaintiffs pain affected his sleep habits and daily activities. After the accident, the plaintiff was treated by a doctor, visited a neurosurgeon, went to a pain management clinic, received injections and a nerve-block shot in his neck, and participated in physical therapy. In January 2001, the plaintiff had an MRI scan that showed degenerative disc disease with a herniated disc in his neck at the C5-C6 level. Approximately seven months following the December 2000 accident, the plaintiff was still experiencing pain from the accident. Therefore, in July 2001, the plaintiff visited Dr. Walsh for treatment, complaining of a bulging disc in his neck at the C5-C6 level.

The plaintiffs treatment with Dr. Walsh for the December 2000 accident lasted through November 2001, when the plaintiff moved to Florida to look for work. The plaintiff testified that at that point he still had neck pain. Dr. Walsh testified that the plaintiffs condition had improved, but he anticipated that the plaintiff would continue to have chronic discomfort in his neck in the future. Upon returning to Illinois from Florida in early 2002, the plaintiff was still experiencing back and neck discomfort, so he resumed his treatment with Dr. Walsh. The plaintiff was treated by Dr. Walsh approximately 10 times each month in April, May, and June of 2002, and he was still receiving treatment when he was involved in the second motor vehicle accident on June 8, 2002.

Although the June 2002 accident was less severe than the December 2000 accident, the plaintiff testified that he reinjured his neck in the June 2002 accident. In the June 2002 accident, the plaintiffs vehicle was rear-ended from behind by another vehicle traveling at approximately 25 miles per hour. The plaintiff braced for the accident and hit his head on the headrest. As a result of the accident, the plaintiff complained of neck and back pain, pain radiating down his arms and midback, headaches, and pain in his eyes. X-rays performed by Dr. Walsh indicated that the June 2002 accident had aggravated the plaintiffs injury in his neck at the C5-C6 level. Dr. Walsh testified that this accident aggravated the plaintiffs injuries caused by the December 2000 accident and that this injury could cause the plaintiff pain in the future. The plaintiff was still receiving treatment from Dr. Walsh for these injuries when the accident at issue occurred on July 12, 2002. Dr. Walsh testified that the plaintiff had visited him on the morning before the accident on July 12, 2002, and that the plaintiff had started rehabilitation and was feeling minimal pain on the day of the July 2002 accident.

After the accident on July 12, 2002, the plaintiff again visited Dr. Walsh for a second time that day. The plaintiff complained of neck and back pain, headaches, and pain radiating down his left arm. Dr. Walsh testified at the trial that he believed that the accident caused an exacerbation of the plaintiffs prior condition. Dr. Walsh continued treating the plaintiff after the July 2002 accident, along with referring him to a doctor for nerve-block shots. Dr. Walsh testified that at some point prior to August 2003, the plaintiffs neck was back to the condition it was in before the July 2002 accident.

Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
924 N.E.2d 531, 398 Ill. App. 3d 639, 338 Ill. Dec. 325, 2010 Ill. App. LEXIS 109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-grizzle-illappct-2010.