Bosel v. Marriott Corp., 65 Ill. App. 3d 649

382 N.E.2d 587 (Ill. App. Ct. 1978) · Appellate Court of Illinois, First District, Second Division · October 24, 1978 · No. No. 76-1504

Summary

The Illinois Appellate Court affirmed a $30,000 judgment for injuries sustained when a Marriott truck collided with the plaintiff's service vehicle at O'Hare Airport. The court held that objections concerning testimony about airport safety regulations were waived or lacked merit, that contributory negligence was properly submitted to the jury, and that alleged misconduct by plaintiff's counsel did not warrant a new trial.

Holdings

  1. The trial court did not abuse its discretion by allowing witnesses to testify about O'Hare Airport safety regulations even though the regulations were not formally introduced into evidence. Marriott waived its hearsay, opinion-evidence, and best-evidence objections by failing to make timely and specific objections or move to strike.
  2. The verdict was not legally unsustainable as resting solely on incompetent evidence. Because Marriott failed to object to the evidence on the asserted grounds, any hearsay or opinion evidence was competent for purposes of appellate review, and the evidence was to be given its natural probative effect together with the other evidence.
  3. The trial court properly denied Marriott's motion for a directed verdict because the evidence did not establish Bosel's contributory negligence as a matter of law. Contributory negligence remained a question for the jury where the evidence permitted reasonable conclusions both that Bosel exercised due care and that he failed to keep a proper lookout.
  4. The trial court did not abuse its discretion in denying Marriott's motion for a new trial. Although some of plaintiff's counsel's comments were objectionable or unnecessary, Marriott failed to preserve several complaints and did not show that the remarks, individually or cumulatively, prejudiced its right to a fair trial or affected the verdict.

Questions Presented

  1. Whether the trial court erred by allowing testimony about O'Hare Airport safety regulations without the regulations being formally introduced into evidence.
  2. Whether the verdict was based entirely on incompetent evidence and therefore could not be sustained as a matter of law.
  3. Whether the trial court erred in denying Marriott's motion for a directed verdict based on Bosel's alleged contributory negligence.
  4. Whether the trial court erred in denying Marriott's motion for a new trial based on alleged misconduct by Bosel's counsel.

Disposition

affirmed

Cases Cited (19)

  • County Board of School Trustees v. Batchelder, 7 Ill. 2d 178, 130 N.E.2d 175 (1955)(followed)
  • Town of Cicero v. Industrial Commission, 404 Ill. 487, 89 N.E.2d 354 (1949)(followed)
  • Isenhart v. Seibert, 6 Ill. App. 2d 220, 127 N.E.2d 469 (4th Dist. 1955)(cited)
  • Needy v. Sparks, 51 Ill. App. 3d 350, 365, 366 N.E.2d 327 (1st Dist. 1977)(followed)
  • Merchants National Bank v. Elgin, Joliet & Eastern Ry. Co., 49 Ill. 2d 118, 273 N.E.2d 809 (1971)(distinguished)
  • Darling v. Charleston Community Memorial Hospital, 33 Ill. 2d 326, 211 N.E.2d 253 (1965), cert. denied, 383 U.S. 946, 16 L. Ed. 2d 209, 86 S. Ct. 1204 (1966)(distinguished)
  • Buckingham Corp. v. Ewing Liquors Co., 15 Ill. App. 3d 839, 843, 305 N.E.2d 278 (1st Dist. 1973)(followed)
  • Pedrick v. Peoria & Eastern R.R. Co., 37 Ill. 2d 494, 510, 229 N.E.2d 504 (1967)(followed)
  • Sterba v. First Federal Savings & Loan Association, 77 Ill. App. 2d 380, 222 N.E.2d 547 (2d Dist. 1966)(followed)
  • Swenson v. City of Rockford, 9 Ill. 2d 122, 128, 136 N.E.2d 777 (1956)(followed)

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