Stewart v. Alvarez

538 N.E.2d 646, 182 Ill. App. 3d 698, 131 Ill. Dec. 271, 1989 Ill. App. LEXIS 523
CourtAppellate Court of Illinois
DecidedApril 21, 1989
DocketNo. 1—87—1443
StatusPublished

This text of 538 N.E.2d 646 (Stewart v. Alvarez) 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
Stewart v. Alvarez, 538 N.E.2d 646, 182 Ill. App. 3d 698, 131 Ill. Dec. 271, 1989 Ill. App. LEXIS 523 (Ill. Ct. App. 1989).

Opinion

JUSTICE LORENZ

delivered the opinion of the court:

Plaintiff, Sampson Stewart, a Chicago Transit Authority (CTA) bus operator, filed an action against defendant, Juan Alvarez, for injuries sustained when plaintiff’s CTA bus collided with defendant’s automobile. Following a jury trial, judgment was awarded to defendant. Plaintiff appealed, and we now affirm.

It is undisputed that, at approximately noon on August 29, 1978, plaintiff’s northbound CTA bus struck defendant’s automobile at the intersection of Halsted and 39th Streets in Chicago. The accident occurred when defendant, traveling south on Halsted Street, attempted to complete a left turn, east, onto 39th Street, across the path of the CTA bus.

At trial, plaintiff testified that defendant caused the collision when he “darted out in front” of the bus. The impact in turn caused a “pin” in the operator’s seat to “slip out.” Plaintiff was injured when the seat collapsed. Plaintiff testified that the pin had never fallen out of the seat in the past, but he had heard of it happening to other drivers. He admitted that the pin could fall out from normal wear and tear and that the bus he drove that day was not new.

Defendant testified that he proceeded into the intersection, stopped, and waited to turn left with his directional signals indicating that intent. The collision occurred when, as defendant began to make the turn, he stopped again for a pedestrian. Defendant admitted that while nothing prevented him from seeing the pedestrian, he could not identify her.

Plaintiff denied seeing the pedestrian.

Opinion

We consider, in turn, each of the points raised by plaintiff on appeal.

Plaintiff first raises four issues regarding examination of the venire. Plaintiff initially contends the court improperly limited the questioning of two veniremen. In one instance, the court precluded plaintiff’s counsel from asking a venireman whether he received insurance proceeds in conjunction with a traffic accident claim. In the other instance, the court admonished counsel against asking a venireman whether he would be willing to stay for the duration of the trial. Second, plaintiff contends defendant’s counsel’s remark during voir dire that the jury alone decided the fairness of a doctor’s bill, if submitted as evidence, was improper as implying the jury was free to reject properly admitted exhibits. Third, plaintiff states the court improperly interjected remarks during plaintiff’s counsel’s questioning of two veniremen. Specifically, after plaintiff’s counsel asked whether the veniremen could give a “substantial award” if the case was proved, the court cautioned that awards must be supported by evidence. Finally, plaintiff argues that it was improper to permit, as a juror, an individual who was a party to a child support matter pending in the circuit court.

Generally, Supreme Court Rule 234 permits trial courts broad discretion in conducting voir dire proceedings, and a verdict may be successfully challenged on appeal only where abuse of that discretion precludes an impartial jury. (107 Ill. 2d R. 234; Kingston v. Turner (1987), 115 Ill. 2d 445, 505 N.E.2d 320.) After considering each of the above contentions, we do not agree that any abuse of discretion occurred below.

First, the court’s preclusion of plaintiff’s counsel’s irrelevant questions concerning insurance or willingness to sit through a lengthy trial was unquestionably within the trial court’s discretion. Second, as to defendant’s counsel’s remark concerning the jury’s consideration of the fairness of a hypothetical doctor’s bill, the record discloses that the court immediately clarified counsel by telling the panel that if such a bill was paid and admitted as evidence, it would speak for itself. The record further reflects that the court’s interjections related to evidentiary support for awards, rather than improper, were necessitated by plaintiff’s counsel’s emphasis regarding the amount of potential award. Last, we need not consider the merits of the argument that one juror was involved in a pending matter as the record reveals that, knowing of that fact, no objection was raised by plaintiff’s counsel. See Kingston, 115 Ill. 2d 445, 505 N.E.2d 320.

Plaintiff’s next contentions relate to plaintiff’s counsel’s questioning of defendant as an adverse witness.

Soon after questioning began, the court interrupted the examination to remind the jurors that they were permitted to take notes during testimony. Plaintiff argues that interruption was prejudicial.

Plaintiff also contends the court committed error in ruling on two objections during defendant’s testimony. Plaintiff first draws attention to questions regarding the elapsed time between defendant’s stop for the pedestrian and the collision. The following testimony is relevant:

“Q. Would it be correct to say that it could have been probably less than a second between the time that you turned and stopped and the impact with the bus?
A. I cannot answer that.
Q. Okay. Have you ever given a contrary statement than that you could not answer that?
A. No.
Q. Let me refresh your recollection. Do you recall being in January 15 [sic] of this year in the office of the attorney who is hired to represent you, do you recall being at his office?
A. Yes.
* * *
Q. And do you recall at that time being asked this question: ‘And how much time went by between the second time you stopped and the time the bus that [sic] hit you?’
* * *
Q. And do you recall the interpreter saying, ‘Don’t remember’?
A. Yes.
Q. Then do you recall another question: ‘Could it have been less than a second?’ And the answer ‘probably’[?]
A. Yes.”

The court stated that the above did not constitute successful impeachment of defendant. Plaintiff contends that ruling was erroneous.

Plaintiff further asserts the court committed prejudicial error in sustaining an objection to counsel’s question as to whether defendant was familiar with law prohibiting left turps in front of oncoming traffic.

We find no merit to any of the above arguments. The record indicates no prejudicial effect from the court’s comments regarding note taking by the jury. Further, we agree with the trial court that defendant’s deposition and trial testimony were not inconsistent concerning the elapsed time between defendant’s stop and the collision. In his deposition, defendant initially answered he could not remember how much time elapsed and answered “probably” only in response to further speculation as to whether it “could” have been less than a second.

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505 N.E.2d 320 (Illinois Supreme Court, 1987)
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Cite This Page — Counsel Stack

Bluebook (online)
538 N.E.2d 646, 182 Ill. App. 3d 698, 131 Ill. Dec. 271, 1989 Ill. App. LEXIS 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-alvarez-illappct-1989.