Geers v. Brichta

618 N.E.2d 531, 248 Ill. App. 3d 398, 187 Ill. Dec. 940, 1993 Ill. App. LEXIS 816
CourtAppellate Court of Illinois
DecidedJune 7, 1993
Docket1 — 91—0527
StatusPublished
Cited by38 cases

This text of 618 N.E.2d 531 (Geers v. Brichta) 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
Geers v. Brichta, 618 N.E.2d 531, 248 Ill. App. 3d 398, 187 Ill. Dec. 940, 1993 Ill. App. LEXIS 816 (Ill. Ct. App. 1993).

Opinion

JUSTICE CAMPBELL

delivered the opinion of the court:

Plaintiff, Mary Ann Geers, brought this action in negligence against defendants, Anthony E. Brichta (Brichta) and the ROI Corporation (ROI), for injuries she sustained as a result of an automobile collision with Brichta. Following trial, the jury returned a verdict in favor of plaintiff, awarding her a total of $40,000 in itemized damages, and judgment was entered thereon. Defendants’ motion for judgment notwithstanding the verdict, or in the alternative, for a new trial, was denied by the trial court. On appeal, defendants contend that: (1) the verdict was against the manifest weight of the evidence; (2) the trial judge improperly admitted the deposition testimony of two of plaintiff’s treating physicians; (3) the trial judge improperly denied defendant’s oral request to present the testimony of defendants’ expert physician; (4) the trial judge erred in failing to rule on defendants’ motion for mistrial made after plaintiff’s attorney violated the court’s in limine order; and (5) .the trial judge erred in allowing plaintiff’s jury instructions on the computation of damages for future pain and suffering. For the following reasons, we affirm.

Prior to discussing the merits of this appeal, we find it necessary to comment on several matters of appellate procedure. Supreme Court Rule 341(e)(1) (134 Ill. 2d R. 341(e)(1)) states that the “Points and Authorities” of an appellant’s brief “shall consist of the headings of the points and subpoints as in the Argument, with the citation under each heading of the authorities relied upon or distinguished, and a reference to the page of the brief on which each heading and each authority appear.” The points and authorities section of defendant’s amended brief contains no page references. In addition, defendant’s nature of the case section contains improper argument in violation of Supreme Court Rule 341(e)(2). 134 Ill. 2d R. 341(e)(2).

Defendants have failed to comply with the above-stated civil appeals rules. These rules are not merely suggestions (see First National Bank v. Loffelmacher (1992), 236 Ill. App. 3d 690, 603 N.E.2d 80 (Marengo); People v. Wilk (1988), 124 Ill. 2d 93, 103, 529 N.E.2d 218) and it is within our discretion to strike defendant’s brief and dismiss the appeal based on violations of these rules. (Marengo, 236 Ill. App. 3d at 692, 603 N.E.2d at 81.) In fact, we struck defendants’ original brief for violations of Supreme Court Rule 341(a) (134 Ill. 2d R. 341(a)), which limits briefs to 75 pages and provides that “neither narrow margins nor any other device shall be employed to evade the page limitation.” We note that defendant’s original brief contained both of these violations. While we do not condone the type of careless disregard for the supreme court rules evidenced by defendants’ brief, we decline at this time to penalize these defendants so severely. We will instead proceed to discuss the merits of this case, disregarding any inappropriate or unsupported statements in reviewing this matter. Falk v. Martel (1991), 210 Ill. App. 3d 557, 559, 569 N.E.2d 248.

PRETRIAL ORDERS

The record reveals the following relevant facts. Plaintiff filed a complaint against defendants on September 27, 1984. At a pretrial conference on September 29, 1986, plaintiff and defendants agreed to proceed to trial without presenting any medical experts, other than treating physicians, and Judge Lawrence A. Passarella entered an order barring entry of any expert medical testimony at trial pursuant to Supreme Court Rules 218 and 220.134 Ill. 2d Rules 218, 220.

On August 17, 1987, pursuant to an agreement between the parties, Judge Phillip A. Fleischman entered an order requiring plaintiff to appear for a medical examination. On October 27, 1987, defense counsel sent a letter to plaintiff’s counsel requesting that plaintiff present herself to defendants’ “medical expert,” Dr. William Hejna, for an examination. On December 1, 1987, and January 11, 1988, defense counsel sent out second and third requests for plaintiff to present herself to defendants’ “medical expert.” Subsequently, on April 7, 1988, defendants filed a motion for sanctions against plaintiff pursuant to Supreme Court Rule 219(c), for her failure to submit herself for examination. Concurrently, plaintiff filed a motion to bar defendants’ medical expert’s testimony, citing in support the September 26, 1986, order entered by Judge Passarella barring both parties from calling any expert witnesses at trial. At the hearing on both parties’ motions on April 7, 1988, Judge Daniel J. White entered an order both requiring plaintiff to present herself for a medical examination and barring defendants from presenting any expert medical testimony at trial. Plaintiff was examined by Dr. Hejna on April 26, 1988. On July 6, 1990, this cause was assigned to Judge Jerome T. Burke for trial and was subsequently continued to October 22, 1990.

Prior to trial, Judge Burke denied defendants’ request to present Dr. Hejna as a medical expert, based upon the prior orders of Judges Passarella and White barring such testimony Judge Burke allowed plaintiff’s counsel to refer to Dr. Hejna’s examination in his opening statement, as long as he did not discuss Dr. Hejna’s report. During the course of trial, defendants renewed their request to present Dr. Hejna, and Judge Burke denied their request. Judge Burke further allowed the presentation of the deposition testimony of Dr. Linda Claire Smith over defendants’ objection.

THE TRIAL

At trial, plaintiff testified that on April 15, 1983, she was driving her 1979 Chevrolet Nova westbound on Windsor Avenue in Oakbrook, Du Page County, Illinois, at approximately 2 p.m. Plaintiff reached the intersection of Windsor and York Road, and began to make a left-hand turn onto York, when her car stalled in the middle of the intersection. Immediately, the rear of plaintiff’s car was struck by a Cadillac limousine driven by Brichta and owned by ROI. Plaintiff felt her head snap back upon the impact of the limousine hitting her car. When plaintiff got out of her car, she saw that the front grille, bumper and headlight of the limousine sustained damage from the impact. The damage to plaintiff’s own car was limited to a little dent and a scratch. Plaintiff declined to go to the hospital following the incident.

Later that evening, however, plaintiff began experiencing stiffness in her neck, headache, back pain and blurred vision. Plaintiff’s husband drove plaintiff to the emergency room of St. Joseph’s Hospital, where the examining physician prescribed pain killers and muscle relaxants for the pain in her neck and upper back. On April 21, 1983, plaintiff went to see Dr. Kishor Ajmere for her persistent pain. Dr. Ajmere admitted plaintiff to Silver Cross Hospital (Silver Cross), where plaintiff stayed for one week. Following her release, plaintiff continued to experience severe headaches and constant neck and back pain. Dr. Ajmere sent plaintiff for physical therapy at Silver Cross for about one month, and then referred plaintiff to Dr. Michael Condon for chiropractic treatment. She was treated by Dr. Condon from September through November 1983, and again in April 1984.

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Cite This Page — Counsel Stack

Bluebook (online)
618 N.E.2d 531, 248 Ill. App. 3d 398, 187 Ill. Dec. 940, 1993 Ill. App. LEXIS 816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geers-v-brichta-illappct-1993.