Peterson v. Lou Bachrodt Chevrolet Co., 51150

• Court: Supreme Court of Illinois
• Citation: 76 Ill.2d 353,29 Ill.Dec. 444,392 N.E.2d 1
• Docket Number: No. 51150,51150
• Parties: , 29 Ill.Dec. 444 James A. PETERSON et al., Appellees, v. LOU BACHRODT CHEVROLET COMPANY, Appellant.
• Decision Date: 26 June 1979

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392 N.E.2d 1 76 Ill.2d 353, 29 Ill.Dec. 444 James A. PETERSON et al., Appellees,
v.
LOU BACHRODT CHEVROLET COMPANY, Appellant. No. 51150. Supreme Court of Illinois. June 26, 1979.

[76 Ill.2d 355]

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[29 Ill.Dec. 445] Reno, Zahm, Folgate, Skolrood, Lindberg & Powell, Rockford (Robert K. Skolrood, Robert A. Fredrickson, and Jack D. Ward, Rockford, of counsel), for appellant.

[76 Ill.2d 356] Brassfield, Cowan & Howard, Rockford (Eugene E. Brassfield and William J. Howard, Rockford, of counsel), for appellees.

KLUCZYNSKI, Justice.

In our previous decision in this case, the court ruled that plaintiff could not recover damages from defendant, an automobile dealer, on a strict liability theory. (Peterson v. Lou Bachrodt Chevrolet Co. (1975), 61 Ill.2d 17, 329 N.E.2d 785.) Plaintiff's daughter was killed and his son was seriously injured in an accident allegedly caused by a defective braking system in a used car sold by defendant to a third party. Plaintiff returned to the circuit court of Winnebago County wherein he filed an amended complaint, alleging negligence on the part of defendant. The action proceeded to trial on a negligence theory, a jury returned a verdict in favor of defendant and against plaintiff, and the court entered judgment thereon. On appeal by plaintiff to the appellate court, the circuit court's judgment was reversed and a new trial was ordered because of evidentiary errors. (61 Ill.App.3d 898, 19 Ill.Dec. 117, 378 N.E.2d 618.) We have allowed defendant's petition for leave to appeal.

On June 11, 1971, defendant sold a used 1965 Chevrolet to Cornelius Spradlin. Approximately three months later, on September 3, 1971, John Elder, a friend of Spradlin's son, was driving the vehicle north on 20th Street near Rockford when he encountered a slight crest in the terrain as he approached Samuelson Road. Spradlin's son, Bobby, was in the passenger seat, as was Kristina Ramsey, Bobby's future wife. As he cleared the crest, Elder noticed that a pickup truck had stopped in front of him at the intersection of 20th and Samuelson to execute a left turn, Elder applied the brakes, and the car crossed the center line, striking an oncoming van. The car then veered to the right and eventually left the pavement, [76 Ill.2d 357] approximately 75 feet beyond the point of collision. The car struck an electrical pole on the southeast corner of 20th and Samuelson and came to rest in the middle of the intersection. Maradean Peterson, 11, and her brother, Mark, 8, were standing near the pole and were struck by the vehicle. Maradean was killed, and Mark suffered serious injuries. His left leg was later amputated. The father of the children, James, filed suit on their behalf. Following our decision in the previous appeal in this cause, plaintiff sought to establish liability of defendant on a negligence theory.

Although the main issues for the jury were whether defendant sold the automobile with defective brakes and, if so, whether defendant was negligent in so doing, evidence was also received from both parties on the question of the speed of the vehicle. This evidence would assist the jury in determining whether a causal connection existed between defendant's negligence, if any, and the death of Maradean and the injuries of Mark.

John Elder, driver of the vehicle, stated in an evidence deposition which was read into the record as part of plaintiff's evidence that he was driving at approximately 35 to 45 miles per hour before applying the

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[29 Ill.Dec. 446] brakes. The two passengers in the automobile, Bobby and Kristina, were also called upon by plaintiff to relate their opinion of the speed of the vehicle. Bobby said that it was moving at approximately 45 to 50 miles per hour, and Kristina gave an estimate of 40 to 50 miles per hour.

Also called to the stand by plaintiff was Charles K. Brackett, a tow-truck operator who removed the vehicle from the scene of the accident. He testified that, in his opinion, the vehicle was moving...