Calabrese v. Benitez
2015 IL App (3d) 130827
Ill. App. Ct.2015Background
- Plaintiff Amanda Calabrese sued Pablo Lopez Benitez for injuries from a car backing into her as a pedestrian.
- Prior to trial, Benitez sought to depose plaintiff’s chiropractor and obtain undisclosed X-ray films; discovery motions were involved.
- During trial, X-ray films were admitted and Dahlager testified; Benitez had not viewed the films prior to trial.
- Benitez subpoenaed plaintiff’s medical records; X-ray films were not produced and no motion to compel was granted.
- Benitez filed posttrial motions alleging error in admitting X-ray films and seeking a new trial based on perceived bias; motions were denied.
- The appellate court affirmed judgment for Calabrese, finding issues raised on appeal were waived or unfounded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of undisclosed X-rays at trial | Calabrese argues X-rays were properly admitted as relevant evidence. | Benitez argues admission violated discovery rules and should have been excluded. | Waived defense; no objection at trial; motion in limine did not preserve error. |
| Deposition of treating chiropractor | Calabrese contends deposition was appropriate for trial preparation. | Benitez argues right to depose treating physician was denied. | Waived due to failure to raise issue in posttrial motion. |
| Trial court bias and new trial | Calabrese asserts no bias affecting outcome; verdict should stand. | Benitez claims bias distorted proceedings and justified a new trial. | No reversible bias; comments were educational and not a deep-seated partiality; no new trial. |
Key Cases Cited
- Eychaner v. Gross, 202 Ill. 2d 228 (Ill. 2002) (judicial neutrality; extrajudicial bias not shown; assessing trial remarks)
- Liteky v. United States, 510 U.S. 540 (Supreme Court 1994) (context for evaluating judicial bias and remarks during trial)
- Simmons v. Garces, 198 Ill. 2d 541 (Ill. 2002) (preservation of trial error; motion in limine does not preserve issues)
- Jackson v. Seib, 372 Ill. App. 3d 1061 (Ill. App. 2007) (posttrial motion requirement to preserve appellate issues)