Plaintiff filed personal injury suit against Defendant and his employer for damages sustained when Defendant drove over her left foot at an intersection in Chicago. Jury verdict for Plaintiff for total $123,375, but reduced to $70,500 after finding Plaintiff 40% contributorily negligent and failed to mitigate her damages. Halfway through trial, court learned that Defendants' expert podiatrist reviewed surveillance video of an unidentified person walking and standing without pain or difficulty and assumed it was Plaintiff when forming his opinion that her injuries were not severe or permanent. Court barred any mention of video at trial, but allowed expert to testify as to his opinion finding it had an otherwise independent and reliable basis. Plaintiff was entitled to question expert about the video because it formed part of the basis of his opinion. (MIKVA and PIERCE, concurring.)
Illinois Appellate Court
Civil Court
Expert Witnesses