Pister v. Matrix Service Industrial Contractors

Illinois Appellate Court
Civil Court
Negligence
Citation
Case Number: 
2013 IL App (4th) 120781
Decision Date: 
Friday, September 6, 2013
District: 
4th Dist.
Division/County: 
Champaign Co.
Holding: 
Affirmed.
Justice: 
HOLDER WHITE
Widow of man killed in car accident sued other driver’s employer, asserting that he was a “traveling employee” and on a “special errand” en route to work at time of accident. Court properly limiting recorded testimony used at trial, as Plaintiff was not prejudiced and proceedings were not materially affected. Court within its discretion in barring letters sent by driver's family to his insurer, as letters referenced driver's prescription drug use, which could have inflamed and misled jury. Court within its discretion in allowing employer to question credibility of beneficiaries of Estate. Court was within its discretion by tending non-IPI instruction as to driver's scope of employment.(STEIGMANN, concurring; APPLETON, specially concurring.)