Plaintiff's decedent, a tow truck driver, was killed when a semi truck sideswiped the semi truck he had come to tow; semi was pulled over on to shoulder after having engine trouble. Jury found employers of both semi-truck drivers liable at 57% and 43 % and awarded multimillion dollar verdict. A new trial is warranted based on trial judge's grant of Plaintiff's motion in limine to bar witness' observation that other semi-truck driver was not wearing a shirt before the accident and that he was wearing a shirt shortly after the accident. Motion judge improperly sanctioned Plaintiff's decedent's employer for a discovery violation by deeming its negligence admitted for failing to require stopped semi truck driver to complete a required safety course after a preventable accident the week before this accident. (GORDON and PIERCE, concurring.)
Illinois Appellate Court
Civil Court
Motions in Limine