Wright v. Stokes

522 N.E.2d 308, 167 Ill. App. 3d 887, 118 Ill. Dec. 853, 1988 Ill. App. LEXIS 509
CourtAppellate Court of Illinois
DecidedApril 14, 1988
Docket5-87-0265
StatusPublished
Cited by26 cases

This text of 522 N.E.2d 308 (Wright v. Stokes) 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
Wright v. Stokes, 522 N.E.2d 308, 167 Ill. App. 3d 887, 118 Ill. Dec. 853, 1988 Ill. App. LEXIS 509 (Ill. Ct. App. 1988).

Opinion

JUSTICE LEWIS

delivered the opinion of the court:

Plaintiff, Darla Wright, brought an action in the circuit court of Union County to recover compensatory damages for injuries and monetary loss she sustained as a result of a collision involving her vehicle and a vehicle driven by defendant, Nina Stokes. In her complaint, plaintiff alleged that defendant’s vehicle had crossed into her lane of travel, causing the collision. Defendant counterclaimed, alleging that plaintiff had crossed the center line. On January 28, 1987, a jury returned a verdict awarding the defendant damages of $2,694.13, but denying plaintiff any recovery. Judgment was entered on the verdict. Following denial of her post-trial motion, plaintiff appealed.

The testimony at trial was conflicting. Plaintiff testified that she was traveling northbound on North Main Street in Anna, Illinois, when defendant crossed the center line into her lane of travel, causing the collision. Defendant testified that plaintiff came across the center line and collided with her. Other than plaintiff and defendant, no one witnessed the accident. Several post-occurrence witnesses testified. Harry Palmer, an acquaintance of plaintiff’s, and Gerald Casper, the investigating police officer, testified that they found debris from the collision in the northbound (plaintiff’s) lane. Mabel Adams, defendant’s neighbor, testified that she saw debris in the southbound (defendant’s) lane, but saw no debris in the northbound lane. Frederick Dawley, also a neighbor of defendant, testified that he saw debris in both lanes.

The issues on appeal spring not from what was said at trial, but what was not said. Prior to the trial, defendant filed motions in limine seeking to exclude, inter alia, any reference to the fact that defendant received a traffic citation as a result of the accident and any opinion testimony by investigating officer Gerald Casper as to the point of collision. The motions were granted and plaintiff’s examination of witnesses was so limited. Plaintiff challenges the propriety of the trial court’s order in her post-trial motion and on appeal.

Specifically, plaintiff claims that the trial court erred in granting defendant’s motion in limine, thereby suppressing an “admission of fault defendant had made in pleading guilty to crossing the center line of traffic.” Plaintiff also contends that the trial court erred when it refused to allow counsel for plaintiff to impeach his own witness at trial.

During his direct examination of defendant, counsel for plaintiff asked defendant, “Have you ever admitted fault to anybody in this case?” Defendant responded, “No.” Counsel for plaintiff, during a subsequent recess, made the following offer of proof:

“MR. HUGHES: The offer of proof, Your Honor, would simply be that I would have called the Circuit Clerk, the Union County Circuit Clerk, to the stand, Mat Page, and placed into evidence a court record of a certain order of supervision wherein the Defendant, Nina Stokes, plead [sic] guilty to a traffic violation, crossing the center line of traffic, and that she was placed on thirty days Court supervision. After the period of supervision was up, the case was dismissed by State’s Attorney, Wes Wilkins. It would be the position of the plaintiff that that is an impeachable plea of guilty.
THE COURT: I think that, for the record, it should be that a motion was a motion filed by the State’s Attorney to dismiss the case. What I am saying is, you said that Mr. Wilkins dismissed the case.
MR. HUGHES: I think he did.
THE COURT: He filed a motion to dismiss.
MR. HUGHES: Yes, that is what I meant.”

Defendant contends that (1) plaintiff failed to make a proper offer of proof; (2) a plea of guilty to a traffic offense cannot be used as an admission where the underlying charge has been dismissed following successful completion of a term of supervision; and (3) a statement that is a legal conclusion is not an admission and cannot be used for impeachment.

Defendant argues that plaintiff’s offer of proof was defective in that she failed to tender the relevant traffic court file to the trial court and make it a part of the record. Defendant notes that plaintiff tried unsuccessfully to supplement the record on appeal with excerpts of the criminal trial transcript. Defendant argues at length that the failure to include the traffic court documents in the record on appeal constitutes waiver, citing Allen v. Howard Bowl, Inc. (1965), 61 Ill. App. 2d 314, 210 N.E.2d 342, and contends that plaintiff is thereby prohibited from raising the issue of their erroneous exclusion on appeal. We reject defendant’s position.

In Allen, the record on appeal was insufficient to detail the contents of the excluded document — the affidavit of a juror. In the case at bar, plaintiff’s offer of proof specified the nature and substance of the excluded documents, which included a guilty plea to a traffic citation for crossing the center line of traffic. Defendant did not object to the form of plaintiff’s offer of proof at trial, nor did she dispute the existence of the court records plaintiff proposed to enter into evidence. Only by including evasive answers to interrogatories did defendant avoid admitting that she pleaded guilty to crossing the center line. She does not contend on appeal that she did not plead guilty. While we acknowledge that the record before us technically does not show that defendant pleaded guilty and that counsel for plaintiff should have had evidence of the guilty plea included in the record on appeal, we do not believe our consideration of plaintiff’s contention is precluded by these deficiencies under the circumstances.

The purpose of an offer of proof is to disclose the nature of the offered evidence to which objection is interposed, for the information of the trial judge and opposing counsel, and to enable the reviewing court to determine whether the exclusion was erroneous and harmful. (E. Cleary & M. Graham, Handbook of Illinois Evidence §103.7, at 17 (4th ed. 1984); Daehler v. Oggoian (1979), 72 Ill. App. 3d 360, 390 N.E.2d 417.) The requisite formality of an offer of proof will depend upon the circumstances of the particular case. Where the nature and substance of the testimony or evidence offered is obvious, a formal offer of proof is unnecessary and a statement by counsel may suffice (Scaggs v. Horton (1980), 85 Ill. App. 3d 541, 411 N.E.2d 870; Clay v. McCarthy (1979), 73 Ill. App. 3d 462, 392 N.E.2d 693), particularly where, as here, there is no statement by the court, opposing counsel, or by any other witness to dispute the remarks of counsel. (Clay, 73 Ill. App. 3d at 465, 392 N.E.2d at 695.) Plaintiff’s offer of proof is adequate for purposes of preserving his claim of error.

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

Related

Faulkner v. Faulkner
2026 IL App (1st) 251311-U (Appellate Court of Illinois, 2026)
White v. Chicago Transit Authority
2025 IL App (1st) 240845-U (Appellate Court of Illinois, 2025)
Hickey v. Olivia
N.D. Illinois, 2022
Sekerez v. Rush University Medical Center
2011 IL App (1st) 090889 (Appellate Court of Illinois, 2011)
Kim v. Mercedes-Benz, U.S.A., Inc.
818 N.E.2d 713 (Appellate Court of Illinois, 2004)
In re Estate of Romanowski
Appellate Court of Illinois, 2002
Young v. Forgas
720 N.E.2d 360 (Appellate Court of Illinois, 1999)
Lagestee v. Days Inn Management Co.
Appellate Court of Illinois, 1999
GREEN BY FRITZ v. Jackson
682 N.E.2d 409 (Appellate Court of Illinois, 1997)
Green v. Jackson
Appellate Court of Illinois, 1997
Smith v. Sheahan
959 F. Supp. 841 (N.D. Illinois, 1997)
Beale v. Speck
903 P.2d 110 (Idaho Court of Appeals, 1995)
People v. Filemon M.
274 Ill. App. 3d 702 (Appellate Court of Illinois, 1995)
In Re AM
653 N.E.2d 1294 (Appellate Court of Illinois, 1995)
People v. Tinkham
639 N.E.2d 917 (Appellate Court of Illinois, 1994)
People v. Ciavirelli
635 N.E.2d 610 (Appellate Court of Illinois, 1994)
People v. Sheehan
633 N.E.2d 151 (Appellate Court of Illinois, 1994)
Little v. Tuscola Stone Co.
600 N.E.2d 1270 (Appellate Court of Illinois, 1992)
Thurmond v. Monroe
601 N.E.2d 1048 (Appellate Court of Illinois, 1992)
Chicago Park District v. Richardson
581 N.E.2d 97 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
522 N.E.2d 308, 167 Ill. App. 3d 887, 118 Ill. Dec. 853, 1988 Ill. App. LEXIS 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wright-v-stokes-illappct-1988.