Illinois Appellate Court
Civil Court
Jury Instructions
Experts
Wrongful death suit filed for construction worker killed by dump truck that ran over him while he was in ditch directly behind rear wheels of dump truck. Jury verdict of $9.26 million, reduced to $8.33 million based on decedent's 10% negligence. Plaintiff's expert's 13 year experience driving dump truck similar to that involved in accident, and total 38 years experience driving large trucks in construction settings, and specialized CDL, constituted extensive practical experience sufficient to qualify him as expert. Proper to allow expert to refer to Defendant trucking company's driver safety manual, as he testified that he relied on manual to form his opinions at trial. Police officer's report was erroneously admitted into evidence as a business record, but Defendants were not prejudiced, as statements contained within report were used by both parties in questioning officer at trial. Not error for court to give instruction, modeled on IPI instructions, which stated that recovery is available for "pain and suffering experienced" rather than "conscious pain and suffering"; instruction was not misleading or prejudicial. (O'BRIEN and NEVILLE, concurring.)