486 N.E.2d 934 (Ill.App. 3 Dist. 1985), 3-85-0031, Henry v. Brenner

Docket Nº:3-85-0031.
Citation:486 N.E.2d 934, 138 Ill.App.3d 609, 93 Ill.Dec. 401
Party Name:Homer HENRY, Plaintiff-Appellant, v. Bret BRENNER, Defendant-Appellee.
Case Date:November 25, 1985
Court:Court of Appeals of Illinois

Page 934

486 N.E.2d 934 (Ill.App. 3 Dist. 1985)

138 Ill.App.3d 609, 93 Ill.Dec. 401

Homer HENRY, Plaintiff-Appellant,


Bret BRENNER, Defendant-Appellee.

No. 3-85-0031.

Court of Appeals of Illinois, Third District.

November 25, 1985.

[138 Ill.App.3d 611] William K. Brown, Goldfine & Bowles, P.C., Peoria, for plaintiff-appellant.

Rex K. Linder and Mr. Edward T. Habecker, Heyl, Royster, Voelker & Allen, Peoria, for defendant-appellee.

STOUDER, Justice:

Plaintiff, Homer Henry, brought this personal injury suit against Defendant, Bret Brenner, for injuries allegedly sustained when the automobile which he was operating was struck from the rear by defendant's automobile. The jury returned a verdict in favor of defendant, upon which verdict judgment was entered by order of the Circuit Court of Peoria County. Plaintiff appeals on the theory that the evidence was insufficient to support the jury's verdict. Plaintiff also challenges the trial court's allowance of admission into evidence testimony of medical records used by

Page 935

[93 Ill.Dec. 402] an expert to illustrate and explain the expert's opinion.

The factual situation concerning the question of liability is relatively uncomplicated. The incident occurred on February 5, 1981, in Peoria, near the intersection of University and Northmoor Streets; it was daylight, and the road surface was a combination of snow and slush. Plaintiff was traveling south in the right lane of traffic on University Street when he stopped in a line of traffic for a red light at Northmoor Street. Another auto driven by Kenneth Powell, stopped immediately behind plaintiff. Defendant, also proceeding south on University, was behind a school bus slowing to turn right into the Richwoods High School parking lot. The defendant then moved into the left southbound lane of traffic to pass the school bus. Ahead there was a line of cars stopped for the red light in both the left and right southbound lanes of traffic. Defendant then turned back into the right lane ahead of the school bus and braked to stop but his tires locked causing his auto to slide on the pavement into the curb and then into the Powell auto causing it to be pushed into the rear of plaintiff's auto. Plaintiff's auto was not pushed into the vehicle ahead of it and the only damage to plaintiff's auto was a small dent in the rear bumper.

At the time of the incident, neither the plaintiff, the defendant, nor Mr. Powell made any complaints of physical injury. The following morning plaintiff went to the emergency room at St. Francis Hospital where he complained of pain and stiffness in his neck. After being [138 Ill.App.3d 612] X-rayed and examined, he was released. Next plaintiff went to Dr. Paul Mroz, a chiropractor, who had been treating plaintiff for a sore back during the past 14 weeks. Dr. Mroz continued to treat plaintiff for the next 15 months following the incident in question. Dr. Mroz testified that plaintiff's condition was aggravated as a result of the accident.

During the trial of this case, expert testimony on behalf of defendant...

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