Havlovic v. Scilingo

289 N.E.2d 79, 7 Ill. App. 3d 918, 1972 Ill. App. LEXIS 2392
CourtAppellate Court of Illinois
DecidedSeptember 20, 1972
Docket54185
StatusPublished
Cited by20 cases

This text of 289 N.E.2d 79 (Havlovic v. Scilingo) 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
Havlovic v. Scilingo, 289 N.E.2d 79, 7 Ill. App. 3d 918, 1972 Ill. App. LEXIS 2392 (Ill. Ct. App. 1972).

Opinion

Mr. JUSTICE ADESKO

delivered the opinion of the court:

This is an appeal by plaintiff from the judgment on a verdict finding defendant not guilty in an automobile intersection collision. Plaintiff raises the following issues on appeal:

(1) Whether the verdict was against the manifest weight of the evidence;

(2) Whether the court erred in giving defendant’s special interrogatory to the jury;

(3) Whether the court erred in its instructions to the jury;

(4) Whether the court erred in permitting defense counsel to elicit and to argue that plaintiffs automobile did not have seat belts; and

(5) Whether defense counsel was guilty of improper and prejudicial conduct.

The facts are as follows:

On December 2, 1963, at approximately 7:45 P.M., defendant, Michael Scilingo was proceeding southward in the far eastern lane of Harlem Avenue near 40th Street in Lyons, Illinois. Defendant was driving a 1961 Thunderbird. It was snowing and the pavement was slick. Defendant had his windshield wipers operating and the headlights of his automobile were on. As defendant approached the intersection of Harlem Avenue and 40th Street, he noticed that plaintiff, Elaine Havlovic had stopped her 1963 Ford auto in the inner northbound lane of Harlem Avenue in preparation for a left turn to the west onto 40th Street. Traffic on Harlem Avenue was medium and traffic conditions caused a slow speed of movement. The posted speed limits on Harlem Avenue in the area in question was 35 miles per hour. Defendant was traveling approximately 20 miles per hour.

When defendant was some 55 to 70 feet from plaintiffs auto, he noticed that plaintiff was making her left turn across the path of defendant’s northbound vehicle. When defendant saw plaintiffs car beginning to turn in front of him, he began pumping his brakes because of the slick road conditions. Defendant’s car did not respond and the front of defendant’s vehicle struck the right door of plaintiffs car causing damage to the right side of plaintiffs car and a small dent to the bumper of defendant’s car. Plaintiff testified that she never saw defendant’s vehicle.

Plaintiff, who was six-months pregnant at the time of the accident, became hysterical and was taken to the hospital, but was released that evening. She saw her family physician the next day and complained of injuries to her back and abdomen and severe headaches. The doctor saw plaintiff again on December 30, 1963, and she reported that her back and leg were aU right. Her child was bom with no particular problems on March 8, 1964.

On December 29, 1964, plaintiff complained of severe pain down the back of her left leg and was treated by a physician. The pain subsided, but returned some months later and plaintiff subsequently underwent surgery for a herniated spinal disc. Plaintiff later required an additional disc operation and treatment for certain complications of the surgery. Plaintiff sued for damages incurred by her as a result of the accident on December 2, 1963, aUeging that her later injuries resulted from the accident which she contended was caused solely by the negligence of the defendant. Plaintiff appeals from a jury verdict and judgment finding defendant not guilty.

Plaintiffs initial contention on appeal is that the verdict for defendant was against the manifest weight of the evidence. Plaintiff in the instant case, admitted that she began to turn left slowly across the northbound lanes of Harlem Avenue without ever seeing the defendant’s auto. Defendant testified that the pavement was slick and when defendant saw plaintiff beginning to turn directly in front of him he attempted to stop but was unable to and subsequently struck her.

In Pozdro v. Dynowski, 83 Ill.App.2d 79, 226 N.E.2d 377, this court considered a factual situation similar to the case at bar and held:

“It was within the province of the jury, under the facts and circumstances of this case, to decide whether the defendant was negligent. We cannot say, as we must, to reverse a verdict of a jury on disputed factual testimony, that an opposite conclusion is clearly evident, plain and indisputable. Lowe v. Gray, 39 Ill.App. 2d 345, 188 N.E.2d 890. A court of review must take into consideration not only the verdict of the jury, but also the fact that the trial judge who also saw and heard the witnesses and argument of plaintiffs attorney denied the plaintiff’s post-trial motions. Vasic v. Chicago Transit Authority, 33 Ill.App.2d 11, 180 N.E.2d 347.”

After careful examination of the record, and in light of the fact that the trial court denied plaintiff’s post-trial motions, we are unable to find that the verdict in the instant case was against the manifest weight of the evidence.

Plaintiff next contends that the trial court erred in giving defendant’s special interrogatory to the jury. The interrogatory asked:

‘Was the plaintiff, Elaine Havlovic, at and immediately prior to the collision in question guilty of any contributory negligence which contributed to or was a proximate cause of her injuries? Yes_No__”

Plaintiff contends that use of the word “or” creates two distinct and severable propositions, i.e. negligence by plaintiff which contributed to her injuries and negligence by plaintiff which was a proximate cause of her injuries. Plaintiff maintains that the jury would be improperly influenced to find defendant not guilty if they found either of the propositions when only the latter of them mentions proximate cause.

Special interrogatories must be tendered, objected to, ruled upon, and submitted to the jury just as instructions are. (Ill. Rev. Stat. 1969, ch. 110, par. 65.) It is well settled that to preserve an objection to an instruction or interrogatory upon review, the grounds for the objection must have been specifically raised in the trial court, so that the trial court could be advised of the specific nature of the objection before ruling. Supreme Court Rule 239(b), Ill. Rev. Stat. 1969, ch. 110A, par. 239(b); Delany v. Badame, 49 Ill.2d 168, 274 N.E.2d 353; O’Neil v. Montalbano, 3 Ill.App.3d 414, 279 N.E.2d 467.

At the conference on instructions in the instant case, counsel for plaintiff objected to the special interrogatory by stating, “I object to the giving of Defendant’s Special Interrogatory as being improper in language and the Court is giving it over my objection.” Counsel did not state any specific grounds for an objection to the interrogatory at trial and he is precluded from objecting to the interrogatory on appeal. Moreover, in the case at bar, plaintiff”s instruction defining contributory negligence was given including the requirement of proximate cause.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Auton v. Logan Landfill, Inc.
475 N.E.2d 817 (Illinois Supreme Court, 1985)
People v. Caballero
464 N.E.2d 223 (Illinois Supreme Court, 1984)
Smilgis v. City of Chicago
423 N.E.2d 1288 (Appellate Court of Illinois, 1981)
Vuletich v. Bolgla
407 N.E.2d 566 (Appellate Court of Illinois, 1980)
Lancaster v. Jeffrey Galion, Inc.
396 N.E.2d 648 (Appellate Court of Illinois, 1979)
Bogatyrew v. Wachter
390 N.E.2d 435 (Appellate Court of Illinois, 1979)
Mathis v. Burlington Northern, Inc.
385 N.E.2d 780 (Appellate Court of Illinois, 1978)
Saldana v. Wirtz Cartage Co.
385 N.E.2d 664 (Illinois Supreme Court, 1978)
Haag Brothers, Inc. v. ARTEX INTERNAT'L
376 N.E.2d 636 (Appellate Court of Illinois, 1978)
Kassela v. Stonitsch
373 N.E.2d 608 (Appellate Court of Illinois, 1978)
Saldana v. Wirtz Cartage Co.
370 N.E.2d 1131 (Appellate Court of Illinois, 1977)
Szczesny v. W.G.N. Continental Broadcasting Corp.
370 N.E.2d 11 (Appellate Court of Illinois, 1977)
Struthers v. Jack Baulos, Inc.
368 N.E.2d 148 (Appellate Court of Illinois, 1977)
Sellers v. Hendrickson
360 N.E.2d 1235 (Appellate Court of Illinois, 1977)
McRae v. Globetrotter Communications, Inc.
346 N.E.2d 1 (Appellate Court of Illinois, 1976)
Bittner v. Wheel Horse Products, Inc.
328 N.E.2d 160 (Appellate Court of Illinois, 1975)
Dooley v. Darling
324 N.E.2d 684 (Appellate Court of Illinois, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
289 N.E.2d 79, 7 Ill. App. 3d 918, 1972 Ill. App. LEXIS 2392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/havlovic-v-scilingo-illappct-1972.