Cundiff v. Patel
982 N.E.2d 175
Ill. App. Ct.2012Background
- Plaintiff sued for negligence from a rear-end collision on April 17, 2008.
- Defendant moved in limine to bar evidence of conversations with the liability insurer and the adjuster.
- An activity log from June 18, 2008 indicated plaintiff stated ongoing neck problems and possible chiropractic treatment.
- The trial court granted the motion in limine; at trial, the jury awarded $3,054 to plaintiff.
- Plaintiff sought a new trial; the trial court denied; appellate court reverses and remands for a new trial.
- Judge Troemper, presiding, adopted Judge Perrin’s rationale excluding the Waldron testimony and log.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred in excluding Waldron’s testimony. | Cundiff contends Waldron’s testimony corroborates neck-pain claims. | Exclusion avoids insurance/settlement prejudice. | Reversed; Waldron testimony admissible on limited purpose. |
| Whether the June 18, 2008 activity log was admissible. | Log supports ongoing neck pain prior to chiropractic treatment. | Log is settlement-related or unverifiable. | Log admission rejected; review limited to Waldron testimony. |
| Whether plaintiff forfeited review by failing to offer proof at trial. | Offer of proof would have preserved error. | Failure to renew objection forfeits review. | Court relaxes forfeiture; permits review of Waldron testimony. |
Key Cases Cited
- Rush v. Hamdy, 255 Ill. App. 3d 352 (Ill. App. 4th Dist. 1993) (insurance evidence prejudicial; settlement matters inadmissible)
- Quinlan v. Stouffe, 355 Ill. App. 3d 830 (Ill. App. 2d Dist. 2005) (offers of settlement inadmissible; evidentiary foundations required)
- People v. Caffey, 205 Ill. 2d 52 (Ill. 2001) (foundation for hearsay and identification required; not hearsay when used to prove state of mind)
- Guski v. Raja, 409 Ill. App. 3d 686 (Ill. App. 4th Dist. 2011) (where circuit court understood evidence, forfeiture may be relaxed)
- In re Estate of Nicholls, 2011 IL App (4th) 100871 (Ill. App. 4th Dist. 2011) (offer of proof preservation rule; forfeiture principles discussed)