(DOWNLOAD) "Morton v. F.B.D. Enterprises" by Illinois Appellate Court Fifth District Judgment Reversed # Book PDF Kindle ePub Free
eBook details
- Title: Morton v. F.B.D. Enterprises
- Author : Illinois Appellate Court Fifth District Judgment Reversed
- Release Date : January 11, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Rehearing denied April 10, 1986. The plaintiff, Cynthia Morton, brought suit in negligence against the defendant, F.B.D. Enterprises, after having been injured in a fall on the defendant's business premises when another patron, Mary Helen Bevirt, fell and struck her, thereby causing the plaintiff to fall. The plaintiff maintained that, as a result of the fall, she had suffered a fractured coccyx and a herniated lumbar disc. A jury rendered a verdict in favor of the plaintiff, assessing damages in the amount of $750,000. The trial court denied in its entirety the defendant's post-trial motion for judgment notwithstanding the verdict or, in the alternative, for a new trial. The defendant has raised seven issues for review, namely; (1) whether the plaintiff failed to prove that ""any charge of negligence against this defendant was a proximate cause of the plaintiff's injuries""; (2) whether the trial court erred in allowing ""extensive testimony"" regarding medical expenses and in admitting ""numerous"" medical bills into evidence ""without sufficient foundation""; (3) whether the trial court erred in instructing the jury that ""it is not a defense that a lack of care by a physician may have aggravated plaintiff's damages""; (4) whether the court erred in ""denying this defendant the right to present evidence of compliance with applicable ordinances and in denying this defendant's right to an appropriate jury instruction with respect to compliance""; (5) whether the trial court abused its discretion in severing the defendant's third party contribution claim against Mary Helen Bevirt; (6) whether the trial court erred in instructing the jury ""with respect to the value of earnings lost instead of instructing the jury as to the value of lost profits where the plaintiff is self-employed""; (7) whether ""the conduct of the Court and plaintiff's counsel coupled with other errors den[ied] this defendant a fair trial."" Because of the disposition we make in this appeal, we consider only the first issue the defendant raises, that concerning causation. Accordingly, we set forth only those facts relevant to that issue.
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