Peacock v. Waldeck

Illinois Appellate Court
Civil Court
Dead Man's Act
Citation
Case Number: 
151043
Decision Date: 
Monday, August 8, 2016
District: 
2d Dist.
Division/County: 
DuPage County
Holding: 
Affirmed.
Justice: 
Jorgenson

Plaintiff sued Defendant seeking recovery for personal injuries Plaintiff suffered as a result of a rear-end collision. Defendant averred a lack of knowledge sufficient to answer the allegation that Plaintiff’s vehicle was stopped at a stoplight when the collision occurred, and she neither admitted nor denied that allegation. Defendant died during the pendency of the lawsuit, and the trial court appointed a special representative. The representative successfully moved for summary judgment, contending that Plaintiff could not establish Defendant’s negligence without testimony that would be inadmissible under the DeadMan’s Act. The court properly granted Defendant's motion. Defendant's admissions left open the possibility that the accident occurred because: plaintiff stopped abruptly or in an otherwise unsafe manner; road conditions; or of a mechanical problem with plaintiff’s vehicle. (HUTCHINSON and ZENOFF, concurring.)