McKinsey v. Morrissey, No. 11834
| Court | United States Appellate Court of Illinois |
| Writing for the Court | SIMKINS; CRAVEN, P.J., and SMITH |
| Citation | 12 Ill.App.3d 156,299 N.E.2d 533 |
| Decision Date | 24 May 1973 |
| Docket Number | No. 11834 |
| Parties | Donald McKINSEY, Plaintiff-Appellant, v. William T. MORRISSEY, Defendant-Appellee. |
Page 533
v.
William T. MORRISSEY, Defendant-Appellee.
Rehearing Denied July 17, 1973.
Page 534
Fellheimer & Fellheimer, Pontiac (C. David Vogel, Pontiac, of counsel), for plaintiff-appellant.
Thompson & Strong, Pontiac (Kenneth L. Strong, Pontiac, of counsel), for defendant-Appellee.
SIMKINS, Justice.
Plaintiff-Appellant Donald McKinsey brought an action against the Defendant-Appellee William T. Morrissey for personal injuries allegedly caused by the defendant's negligence. A jury verdict was returned in favor of the defendant. The trial court denied plaintiff's motion for a directed verdict on the issue of liability as well as his motions for judgment notwithstanding the verdict and for a new trial. Plaintiff brings this appeal from the judgment of the circuit court of Livingston County.
Plaintiff was injured when his vehicle was struck by that driven by defendant at the intersection of Odell Road and Cemetery Road near U.S. 66. Odell Road is a two-lane running east and west which intersects at a 90 angle Cemetery Road running north and south. On the northwest corner of the intersection there was a Standard Oil Station, and there [12 Ill.App.3d 157] was a Mobil Oil Station at the southwest corner of the intersection. Traffic moving east on Odell Road was governed by traffic lights on the southwest corner of the intersection, and traffic moving sough on Cemetery Road was governed by stop signs at the intersection. Defendant was headed south on Cemetery Road and was unable to stop at the stop sign because of brake failure. He hit plaintiff's van truck, which was stopped at the stoplight. During the trial, defendant testified that his brakes suddenly failed and at a distance of 225 feet from the intersection. at a distance of 225 feet from the intersection. Plaintiff, on the other hand, stressed the fact that there was evidence indicating that defendant's brake failure was not sudden and that it had in fact occurred 2/10th of a mile prior to the stop sign. Plaintiff further argued that defendant's failure to keep the brakes in good repair was in violation of 1967 Ill.Rev.Stat., Ch. 95 1/2, par. 211. Defendant testified that shortly before the collision he had used his brakes which worked properly. He also related that as he approached the intersection he pushed on the brake pedal which went to the...
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Truemper v. Bowman, No. 72--224
...or the latent defect in the accelerator equipment as to which the defendant specifically testified. As in McKinsey v. Morrissey (1973), 12 Ill.App.3d 156, 157--158, 299 N.E.2d 533, the parties were content to permit Page 738 the jury to consider the evidence without instruction as to the de......
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Rutschman v. Trybula, No. 74--237
...may not complain that a jury verdict for defendant is against the manifest weight of the evidence. (See McKinsey v. Morrissey, 12 Ill.App.3d 156, 299 N.E.2d 533 (1973) and Truemper v. Bowman, 17 Ill.App.3d 677, 678--680, 307 N.E.2d 735 (1974).) However, if plaintiff has made a Prima facie c......
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Truemper v. Bowman, 72--224
...or the latent defect in the accelerator equipment as to which the defendant specifically testified. As in McKinsey v. Morrissey (1973), 12 Ill.App.3d 156, 157--158, 299 N.E.2d 533, the parties were content to permit Page 738 the jury to consider the evidence without instruction as to the de......
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Rutschman v. Trybula, 74--237
...may not complain that a jury verdict for defendant is against the manifest weight of the evidence. (See McKinsey v. Morrissey, 12 Ill.App.3d 156, 299 N.E.2d 533 (1973) and Truemper v. Bowman, 17 Ill.App.3d 677, 678--680, 307 N.E.2d 735 (1974).) However, if plaintiff has made a Prima facie c......