Garcia v. City of Chicago

593 N.E.2d 855, 229 Ill. App. 3d 315, 171 Ill. Dec. 35, 1992 Ill. App. LEXIS 713
CourtAppellate Court of Illinois
DecidedMay 8, 1992
Docket1-90-2961
StatusPublished
Cited by6 cases

This text of 593 N.E.2d 855 (Garcia v. City of Chicago) 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
Garcia v. City of Chicago, 593 N.E.2d 855, 229 Ill. App. 3d 315, 171 Ill. Dec. 35, 1992 Ill. App. LEXIS 713 (Ill. Ct. App. 1992).

Opinion

PRESIDING JUSTICE McNULTY

delivered the opinion of the court:

Plaintiff S. Anthony Garcia brought suit against the City of Chicago (City) to recover for injuries he sustained in an automobile accident. The issues on appeal are: (1) whether the trial court erred in denying plaintiff’s motion for a directed verdict on the issue of liability; (2) whether the jury’s finding that plaintiff was 93.75% comparatively negligent was against the manifest weight of the evidence; (3) whether the trial court erred in instructing the jury that it could consider the impeachment of witnesses; (4) whether improper hearsay testimony denied plaintiff a fair trial; and (5) whether the trial court erred when it refused to give instructions informing the jury that it may not consider the negligence of a nonparty.

The evidence presented at trial established that at approximately 6:45 p.m. on August 15, 1983, plaintiff was traveling south on Halsted Street in Chicago. Walter Tanner was going west on Van Burén Street. Plaintiff testified that he slowed to a stop at the intersection behind another car. To his right, at the northwest corner, was a CTA bus. Plaintiff testified that because of the bus, his view of the traffic lights on the northwest and the southwest comers of the intersection was blocked. He testified that the traffic light on the southeast comer was not functioning, and that the northeast light was turned, displaying a green light for him. When the car in front of him began to move, plaintiff also moved. When plaintiff entered the intersection, his car was struck by Tanner’s car. Plaintiff testified that Anthony Kiselus, the police officer who investigated the accident, told him that there had been a similar accident at that same intersection about a week earlier where the traffic light had been twisted toward the wrong direction.

Tanner testified that he took a photograph of the intersection between 7:15 and 8 p.m. the day of the accident. This photograph, admitted into evidence, showed that the light on the southeast corner was burned out, and the light on the northeast corner was twisted on its pole so that it showed green for southbound traffic at the same time the light on the northwest comer showed red for the southbound traffic. James Ryan also testified on behalf of plaintiff that the light for southbound traffic at that intersection had been out two days before this accident.

The City called Officer Kiselus, who denied telling plaintiff that there had been an accident approximately a week earlier involving the twisted traffic light on the northeast corner of the intersection. He testified that the light on the northeast corner that was meant to direct traffic going from west to east was turned facing north, but all other lights at the intersection were functioning properly. He disputed that the photograph was taken at the time of the accident because it showed that the southeast light was not operating and because the picture appeared to have been taken at daylight. Officer Kiselus also testified that he was on the accident scene from 6:54 p.m. until he completed his report at 7:22 p.m. and during that time he did not see anyone taking pictures of the scene, nor was he aware that anyone at the accident scene had a camera.

Bernard O'Hallaren of the City’s bureau of electricity testified that he searched the bureau’s records for the four months preceding the accident for reports of malfunctioning traffic lights at the corner of Halsted Street and Van Burén Street. He found a report from May 23, 1983, indicating that a bulb in one of the traffic lights was burned out and was replaced, and a report from August 16, 1983, indicating that the northeast traffic light was turned, and soon thereafter was straightened and secured by a City technician. The court ruled that the log sheets provided by O’Hallaren could not be admitted as business records because they were photocopies rather than originals, and because the slips of paper from which the log sheets were generated had not been accounted for. Plaintiff moved to strike O’Hallaren’s testimony. The court reserved ruling on this matter, and the record is unclear as to whether the court did indeed rule on this motion.

The City also presented the testimony of Terese Joyce, who testified that she searched the records of the traffic and engineering department for reports of accidents that had occurred at the corner of Halsted and Van Burén Streets during 1983. She found reports of 11 accidents other than the accident at issue in this case. The trial court ruled that Joyce’s testimony was hearsay and instructed the jury to disregard her testimony.

The jury returned a verdict against the City. Plaintiff’s damages were found to be $19,100, but the jury reduced the award 93.75% for plaintiff’s comparative negligence to a total of $1,193.75. Plaintiff appeals.

Plaintiff first contends on appeal that the trial court erred in denying his motion for a directed verdict on the issue of plaintiff’s contributory negligence. A verdict is to be directed when all of the evidence, viewed in the aspect most favorable to the nonmovant, so overwhelmingly favors the movant that no contrary verdict could ever stand. (Pedrick v. Peoria & Eastern R.R. Co. (1967), 37 Ill. 2d 494, 229 N.E.2d 504.) A directed verdict is inappropriate where there are factual issues to be determined by the jury, or where the assessment of the credibility of witnesses or determination regarding conflicting evidence may be decisive to the outcome of a case. (Anderson v. Beers (1979), 74 Ill. App. 3d 619, 393 N.E.2d 552.) In order to prove contributory negligence, it must be shown that a party failed to do that which a reasonably careful person would do or has done something that a reasonably careful person would not do. (Mort v. Walter (1983), 98 Ill. 2d 391, 457 N.E.2d 18.) Whether certain conduct constitutes negligence is a matter best left to the determination of the jury. Moore v. Swoboda (1991), 213 Ill. App. 3d 217, 571 N.E.2d 1056.

The undisputed evidence reveals that Tanner, driving westbound, had a green light as he entered the intersection. It is also undisputed that the light on the northeast corner of the intersection, which was meant to control eastbound traffic, was turned so that it instead faced southbound traffic. However, we are faced with conflicting testimony as to whether the light on the southeast comer, meant to control southbound traffic, was burned out. Although plaintiff claims that the light was burned out, the investigating officer testified that the light was operating properly. Moreover, while plaintiff introduced a photograph allegedly taken shortly after the accident, Officer Kiselus’ testimony casts doubt on whether the photograph was indeed taken on the night of the accident. Plaintiff contends that because of a bus stopped at the northwest corner, his view of the traffic lights on the northwest and southwest corners of the intersection was blocked. Thus, according to his testimony, he proceeded into the intersection after seeing the twisted traffic light turn green.

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Bluebook (online)
593 N.E.2d 855, 229 Ill. App. 3d 315, 171 Ill. Dec. 35, 1992 Ill. App. LEXIS 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-city-of-chicago-illappct-1992.