DiFranco v. Kusar

Illinois Appellate Court
Civil Court
Motions for New Trial
Citation
Case Number: 
2017 IL App (1st) 160533
Decision Date: 
Monday, November 6, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div.
Holding: 
Affirmed.
Justice: 
PIERCE

Plaintiff sued for injuries sustained when Defendant's vehicle rear-ended her vehicle when stopped. Jury entered verdict for Plaintiff, awarding $1,000 for medical care, $0 for loss of normal life, and $0 for pain and suffering. Court did not abuse its discretion by denying Plaintiff's motion for new trial, as jury's verdict was not against manifest weight of evidence, as a reasonable jury could conclude that not all of treatment Plaintiff received was reasonable and necessary. Jury heard testimony from which it could conclude that Plaintiff lacked credibility. Costs for record requests for medical bills, later introduced as trial exhibits, are not taxable court costs. (HARRIS and MIKVA, concurring.)