Plaintiff sued for injuries sustained in rear-ender car accident. Jury verdict for Defendant. Appellate court reversed and remanded for new trial on damages, holding that circuit court erred in allowing admission of postaccident photos of vehicles absent expert testimony that that verdict was not supported by evidence. Photos were relevant because they had a tendency to make a fact that was of consequence to determination of action, the existence and extent of Plaintiff's injuries, more probable or less probable than it would be without the evidence and to aid in determination of credibility of the parties. Evidence was conflicting, and disputed questions of fact were presented. Jury could reasonably find that Plaintiff's contradictory testimony caused credibility issues and that Plaintiff failed to carry his burden and prove proximate cause and damages. Circuit court properly exercised its discretion in denying Plaintiff's motion for new trial. (KARMEIER, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)
Illinois Supreme Court
Civil Court
Verdicts