Senno v. Jackson

633 N.E.2d 707, 262 Ill. App. 3d 384, 198 Ill. Dec. 866, 1992 Ill. App. LEXIS 1726
CourtAppellate Court of Illinois
DecidedOctober 28, 1992
DocketNo. 1—90—1880
StatusPublished

This text of 633 N.E.2d 707 (Senno v. Jackson) 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
Senno v. Jackson, 633 N.E.2d 707, 262 Ill. App. 3d 384, 198 Ill. Dec. 866, 1992 Ill. App. LEXIS 1726 (Ill. Ct. App. 1992).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Plaintiff, Aref Senno, brought this action against defendant, Albert Jackson, to recover damages from defendant for personal injuries suffered by plaintiff as a result of defendant’s alleged negligence in driving his automobile. Defendant then filed a third-party contribution action against plaintiff’s wife, the driver of the car in which plaintiff was a passenger when the accident occurred. In the contribution action, the trial court directed a verdict in favor of plaintiff* s wife, the third-party defendant, and against defendant, the third-party plaintiff. In plaintiff’s personal injury action, the jury rendered a verdict for defendant upon which the trial court entered a judgment. Plaintiff now appeals.

The issues before this court for review are (1) whether the trial court abused its discretion when it refused to grant plaintiff’s motions for a directed verdict and a judgment notwithstanding the verdict; (2) whether the jury’s verdict was against the manifest weight of the evidence and plaintiff is entitled to a new trial; and (3) whether the cumulative effect of the alleged errors at trial deprived plaintiff of a fair trial. We affirm.

On December 4, 1981, defendant was driving his Ford LTD westbound on Diversey Avenue in Chicago. Defendant stopped and waited to make a left turn onto Hoyne Avenue. Defendant testified that he stopped in the far left westbound lane of Diversey for 20 to 25 seconds in compliance with the traffic light in the intersection. Defendant further testified that he then turned his left turn signal on. Defendant maintained that he could see about 20 feet of the eastbound lane. Defendant testified that there was a passenger van sitting in the center of the eastbound lane of Diversey. Defendant further testified that the driver of the passenger van blew his horn and gestured for defendant to proceed and make the left turn. Defendant stated that he observed that there was enough room in the intersection for him to make a left turn and that traffic in the center eastbound lane of Diversey had stopped. Defendant testified that he then made a left turn and collided with plaintiff’s car in the eastbound curb lane of Diversey. Defendant stated that he would not have made the left-hand turn if plaintiff had not waved for him to proceed.

Plaintiff testified that defendant was looking over his left shoulder through the driver’s side window at the red light at Clybourn and Diversey while he made the left turn.

After the accident, plaintiff was taken to the emergency room at Henrotin Hospital. Kathleen Mega, the emergency room nurse who recorded plaintiff’s medical condition after the collision, testified that plaintiff complained only of headaches and abrasions.

Plaintiff was hospitalized later in March of 1984 for pain and numbness in his neck, left shoulder and left arm. Dr. Roberto Segura, a neurologist, testified that the accident was causally related to the health problems plaintiff suffered in 1984. Dr. Marshall Metz, a neurological surgeon, testified that plaintiff’s medical condition in 1984 was unrelated to the collision.

At the close of the evidence, plaintiff moved for a directed verdict. The trial court denied plaintiff’s motion. On March 12, 1990, the jury rendered a verdict in favor of defendant. A written judgment order was entered on March 15, 1990. Plaintiff then filed a post-trial motion for a judgment notwithstanding the verdict, which the trial court denied. Plaintiff then filed a notice of appeal and this appeal followed.

First, plaintiff contends that the trial court abused its discretion when it refused to direct a verdict or enter a judgment notwithstanding the verdict in his favor. Defendant maintains that the trial court’s refusal to direct a verdict or enter a judgment notwithstanding the verdict in favor of plaintiff was proper.

Our supreme court has held that "verdicts ought to be directed and judgments n.o.v. entered only in those cases in which all of the evidence, when viewed in its aspect most favorable to the opponent, so overwhelmingly favors movant that no contrary verdict based on that evidence could ever stand.” Pedrick v. Peoria & Eastern R.R. Co. (1967), 37 Ill. 2d 494, 510, 229 N.E.2d 504, 513-14; see also Bausback v. K mart Corp. (1990), 194 Ill. App. 3d 325, 335, 550 N.E.2d 1269, 1276; Maroldy v. Isaacson (1989), 189 Ill. App. 3d 785, 789, 545 N.E.2d 736, 738; Johnson v. R.R. Donnelley & Sons Co. (1989), 185 Ill. App. 3d 759, 761, 542 N.E.2d 379, 381; Parsons v. Winter (1986), 142 Ill. App. 3d 354, 359-60, 491 N.E.2d 1236, 1240; Duffek v. Vanderhei (1980), 81 Ill. App. 3d 1078, 1085, 401 N.E.2d 1145, 1151.

We find that the trial court properly denied plaintiff’s motions for a directed verdict and judgment notwithstanding the verdict. The evidence, when viewed in the light most favorable to defendant, does not overwhelmingly favor plaintiff. Defendant presented medical witnesses who testified that his injuries were not caused by the collision. Nurse Mega testified that plaintiff denied any trauma or injury to his neck when he was hospitalized in 1981. In addition, Dr. Metz testified that plaintiff’s medical condition in 1984 was unrelated to the collision. Furthermore, defendant testified that he looked for oncoming eastbound traffic and that plaintiff indicated to him that he should proceed to make a left turn. The jury could have reasonably concluded that defendant’s actions under those circumstances were not negligent. Based upon the evidence presented at trial, the jury could have found that plaintiff failed to meet his burden of proving that his medical condition in 1984 was caused by defendant’s alleged negligence. Accordingly, we will not disturb the jury’s verdict in favor of defendant.

Second, plaintiff alleges that the trial court erred when it denied his motion for a new trial because the verdict was against the manifest weight of the evidence. Defendant maintains that the trial court’s denial of plaintiff’s request for a new trial was proper because the jury’s verdict was not against the manifest weight of the evidence.

"The decision to grant or deny a motion for a new trial rests within the discretion of the trial court.” (Estate of Whittington v. Emdeko National Housewares, Inc. (1981), 96 Ill. App. 3d 1007, 1012, 422 N.E.2d 26, 31.) The standard to be applied by a court of review when determining whether a plaintiff is entitled to a new trial is whether the verdict, and the judgment entered thereon, was against the manifest weight of the evidence. (Tedrowe v. Burlington Northern, Inc. (1987), 158 Ill. App. 3d 438, 443, 511 N.E.2d 798

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Related

Wanner v. Keenan
317 N.E.2d 114 (Appellate Court of Illinois, 1974)
Tedrowe v. Burlington Northern, Inc.
511 N.E.2d 798 (Appellate Court of Illinois, 1987)
Maroldy v. Isaacson
545 N.E.2d 736 (Appellate Court of Illinois, 1989)
Didier v. Jones
377 N.E.2d 572 (Appellate Court of Illinois, 1978)
Pedrick v. Peoria & Eastern Railroad
229 N.E.2d 504 (Illinois Supreme Court, 1967)
Bausback v. K Mart Corp.
550 N.E.2d 1269 (Appellate Court of Illinois, 1990)
Brown v. Arco Petroleum Products Co.
552 N.E.2d 1003 (Appellate Court of Illinois, 1990)
Duffek v. Vanderhei
401 N.E.2d 1145 (Appellate Court of Illinois, 1980)
Parsons v. Winter
491 N.E.2d 1236 (Appellate Court of Illinois, 1986)
Estate of Whittington v. Emdeko National Housewares, Inc.
422 N.E.2d 26 (Appellate Court of Illinois, 1981)
Johnson v. R.R. Donnelley & Sons Co.
542 N.E.2d 379 (Appellate Court of Illinois, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
633 N.E.2d 707, 262 Ill. App. 3d 384, 198 Ill. Dec. 866, 1992 Ill. App. LEXIS 1726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/senno-v-jackson-illappct-1992.