[DOWNLOAD] "Berner v. Kielnik" by Illinois Appellate Court — First District (5Th Division) Judgment Affirmed ~ eBook PDF Kindle ePub Free

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eBook details

• Title: Berner v. Kielnik
• Author : Illinois Appellate Court — First District (5Th Division) Judgment Affirmed
• Release Date : January 12, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

This is an action to recover damages for personal injuries sustained by plaintiff in a collision involving plaintiff's car and defendant's van. The accident in question occurred at approximately 3:45 p.m. on March 20, 1977, at the intersection of Western Avenue and Roscoe Street in Chicago, Illinois. Western Avenue is a north-south street. Roscoe runs east and west. The traffic is controlled by automatic signals. The jury answered a special interrogatory and returned a verdict against plaintiff finding that defendant was not negligent. The trial court thereupon entered judgment for defendant. Plaintiff appeals from the trial court's judgment as well as the court's order denying his post-trial motion for a judgment notwithstanding the verdict or, in the alternative, a new trial. The questions for review are: (1) whether the jury's finding is against the manifest weight of the evidence; (2) whether defendant was negligent as a matter of law; and (3) whether defense counsel's comments were improper. For the reasons hereinafter discussed, we affirm. The record submitted on appeal is incomplete. The transcript of trial testimony begins with defendant's testimony under cross-examination on the second day of trial. Defendant stated that he was traveling north on Western and that he was the first car at the intersection. The traffic light was red. The left turn arrow was not on. 1 Defendant stopped at the red light. He stated that he first saw plaintiff's car before he (defendant) reached the intersection when it was north of (approaching) the traffic device. Defendant estimated that plaintiff was traveling at 30 or 35 miles per hour. He said that he saw plaintiff's car again when it was two car lengths away. Defendant saw his green left turn arrow go on and after a regulated amount of time, it went off. When his light turned green, defendant proceeded to make a right turn to go east on Roscoe Street. Plaintiff, who was traveling south on Western Avenue, had also entered the intersection to make a left turn onto Roscoe. Defendant testified that he attempted to maneuver his vehicle on an angle in order to avoid hitting plaintiff. At this point, the vehicles collided. Plaintiff's car was hit on its passenger side.

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