Plaintiff filed personal injury action for car accident occurring when Defendant drove through intersection without stopping at stop sign and ran into Plaintiff's vehicle. Plaintiff filed motion for summary judgment, which court granted, on issue of liability but not issue of damages. Defendant's duty and breach of duty can be decided as a matter of law. Only issues at jury trial were whether any of Plaintiff's conduct was a proximate cause of his injuries and the amount of damages. Summary judgment order did not prevent Defendant from arguing Plaintiff's contributory negligence at trial. Court erred in admitted certain medical bills into evidence where portions of those bills had been written off by medical providers. Remanded for remittur of portion of judgment for the written-off or settled portions of the medical bills, if Plaintiff consents to remittur; if not, then to be remanded for new trial on damages.(ELLIS and COBBS, concurring.)
Illinois Appellate Court
Civil Court
Damages