Reidelberger v. Highland Body Shop, Inc.

416 N.E.2d 268, 83 Ill. 2d 545, 48 Ill. Dec. 237, 1981 Ill. LEXIS 224
CourtIllinois Supreme Court
DecidedJanuary 20, 1981
DocketNo. 53051
StatusPublished
Cited by105 cases

This text of 416 N.E.2d 268 (Reidelberger v. Highland Body Shop, Inc.) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reidelberger v. Highland Body Shop, Inc., 416 N.E.2d 268, 83 Ill. 2d 545, 48 Ill. Dec. 237, 1981 Ill. LEXIS 224 (Ill. 1981).

Opinion

MR. JUSTICE RYAN

delivered the opinion of the court:

This appeal concerns the propriety of the action of the circuit court of Madison County in granting plaintiff’s (Bertha Reidelberger) motion for a new trial. The jury, in this products liability case, returned a verdict in favor of the defendant, Highland Body Shop, Inc. The judge granted the plaintiff’s motion for a new trial. The appellate court, with one judge dissenting, reversed the circuit court. (79 Ill. App. 3d 1138.) We granted leave to appeal under our Rule 315. 73 Ill. 2d R. 315.

The plaintiff’s 17-year-old son, Terry Reidelberger, was killed in a single-car accident when the automobile he was driving went out of control after passing another vehicle. The complaint sought damages from the defendant body shop, where repairs to the car had been performed some three months before this accident. Approximately one month before trial, plaintiff submitted a motion in limine to Judge Moses Harrison. The relevant portions of the motion sought to prohibit questions concerning, and discussion of:

“(b) The purported speeds of the decedent’s vehicle and the vehicle passed by the decedent some two miles from the scene of the accident ***.
(c) The purported movements of the decedent’s vehicle in the Grant Fork Turns some five miles from the scene of the accident.
(d) The purported statement of Ellen Niggli, a non-party witness, made two days after the accident to Trooper Loyet ***.

The judge granted these portions of the motion, directing the defendant not to refer directly or indirectly by opening statement, question or otherwise to these items without first taking the matter up with the court.

Although the in limine order was entered by Judge Harrison, the trial was presided over by Judge Victor Mosele. The trial was marked by a great deal of bickering between counsel. The jury found for the defendant. The plaintiff filed a motion for a new trial, which was granted by Judge Mosele. The basis for the new trial was alleged violations of the in limine order. The judge, in granting the motion for a new trial, stated:

“This order was directly violated by the defendant in his opening statement when he referred to the plaintiff’s leapfrogging movements not at the scene of the accident. In chambers, it was once again made clear to the defendant that speeds and movements of the car not at the scene of the accident were inadmissible. Subsequent to the conference in chambers the order was violated by the defendant with respect to witness Loyet, witness Niggli, witness Strohbeck, witness Stumpf, and witness Saathoff. Due to the repeated violations of the motion in limine and the court’s direction in chambers, the prejudicial impact upon the jury was such that it was impossible for the plaintiff to receive a fair trial.”

The appellate court reversed Judge Mosele’s order, finding that Judge Mosele abused his discretion. We now affirm the decision of the appellate court.

Great deference is generally given to decisions of trial judges in granting or denying motions for new trial. (See Workman v. Goldford (1967), 86 Ill. App. 2d 403; Warren v. Patton (1954), 2 Ill. App. 2d 173; see generally 2 Ill. L. & Prac. sec. 792, at 769 (1953).) A court on review will not reverse the trial court’s decision to grant a new trial merely because it would have come to a different conclusion on the facts. (See Swift & Co. v. Madden (1896), 63 Ill. App. 341; see generally 5A C.J.S. Appeal and Error sec. 1583, at 35 (1958).) The decision of a trial court to grant a new trial is an exercise of discretion which should not be disturbed unless a clear abuse of that discretion is shown. (See Ervin v. Sears, Roebuck & Co. (1976), 65 Ill. 2d 140; Department of Public Works & Buildings v. Russell (1963), 28 Ill. 2d 491; Department of Public Works & Buildings v. Roehrig (1976), 45 Ill. App. 3d 189; see generally 5 Am. Jur. 2d Appeal and Error sec. 772, at 215 (1962).) In determining whether that discretion was abused, the reviewing court will consider whether the jury’s verdict was supported by the evidence and whether the losing party was denied a fair trial. See Bradley v. Caterpillar Tractor Co. (1979), 75 Ill. App. 3d 890.

It is plaintiff’s theory that the accident was caused by a bent or defective rear axle which had been installed by the defendant in the automobile which her son was driving. The defendant contends that the bent axle was the result of the accident, which the defendant contends was caused by the manner in which the decedent drove the automobile. The jury returned a verdict for the defendant. It is not contended, and the trial court did not find, that the verdict was against the manifest weight of the evidence. There is sufficient evidence in the record from which the jury could find that the bent axle was caused by the accident instead of being a cause of the accident, and from which the jury could find that the accident was caused by the driving of the decedent. We must therefore consider, in our determination of whether the trial court abused its discretion in allowing the plaintiff’s motion for a new trial, whether the plaintiff was denied a fair trial.

The trial court granted the new trial because of the conduct of the defendant’s counsel, which it felt constituted violations of the in limine order. An in limine motion permits a party to obtain an order before trial excluding inadmissible evidence and prohibiting interrogation concerning such evidence without the necessity of having the questions asked and objections thereto made in front of the jury. Thus, the moving party will be protected from whatever prejudicial impact the mere asking of the questions and the making of the objections may have upon a jury. (See Department of Public Works & Buildings v. Sun Oil Co. (1978), 66 Ill. App. 3d 64.) The ability to restrict interrogation makes the in limine order a powerful weapon. This power, however, also makes it a potentially dangerous one. Before granting a motion in limine, courts must be certain that such action will not unduly restrict the opposing party’s presentation of its case. Because of this danger, it is imperative that the in limine order be clear and that all parties concerned have an accurate understanding of its limitations. This court must therefore determine whether the order in this case was in fact clear and whether the reasons stated by the circuit court for granting a new trial are indeed supported by the record. If they are not, the circuit court will have abused its discretion.

As noted above, the trial judge, in granting a new trial, specified the violations of the in limine order which he thought required such action. The first alleged violation occurred during opening statement by defendant’s attorney, who stated:

“The evidence will show there were two cars there at the scene of the accident. These two cars had been, for want of a better term, leapfrogging down the highway. They left the Grant Fork area, and there were four or five young men in the second car; two young girls and Terry Reidelberger in the other car. If I can recall the sequence— but first there is another witness named Dean Saathoff, and his wife, who was riding with him, but at one point, if I can remember the sequence, but the boys said they came up on the Reidelberger car.

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Bluebook (online)
416 N.E.2d 268, 83 Ill. 2d 545, 48 Ill. Dec. 237, 1981 Ill. LEXIS 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reidelberger-v-highland-body-shop-inc-ill-1981.