2012 IL App (2d) 110744
Ill. App. Ct.2012Background
- Route 26 in Freeport, icy patches caused defendant to lose control and crash into a ditch.
- Brenda Reed stopped to aid defendant; Morrison’s vehicle then lost control and struck Brenda, killing her.
- Allan Reed, as independent administrator, sued defendant under the rescue doctrine for causing Brenda’s death.
- Trial evidence included multiple witnesses describing vehicle positions, speeds, and the perceived danger at the curve.
- Defendant's testimony claimed she was not in danger, was not using a phone, and exited the car after seeing Brenda approaching.
- Jury returned a verdict in favor of defendant; plaintiff moved for posttrial relief and appealed on several trial- and jury-instruction issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Plain error in closing argument | Reed argues defense misled the jury about Martin’s statements. | Ault asserts no error; defense comments were within strategy and supported by record. | No plain error; judgment affirmed. |
| Defense objection during rebuttal closing | Reed asserts court erred by sustaining objection to rebuttal claiming consistency of statements. | Ault contends objection properly prevented unfounded assertion. | Court properly sustained objection; no reversible error. |
| Jury instructions on rescue doctrine | Reed sought broader rescue doctrine instructions not limited to imminent peril. | Ault's instructions were clear, proper, and aligned with law. | No reversible error; instructions upheld. |
| Manifest-weight-of-evidence challenge | Reed contends verdict contradicts the evidence showing defendant’s negligence and rescuer risk. | Ault argues evidence supports jury’s determination. | verdict not against the weight of the evidence; affirmed. |
Key Cases Cited
- Tannehill v. Costello, 401 Ill.App.3d 39 (2010) (discusses imminent peril and rescue doctrine scope)
- Strickland v. Kotecki, 392 Ill.App.3d 1099 (2009) (first-impression on defendant placing self in peril and rescue applicability)
- Seibutis v. Smith, 83 Ill.App.3d 1010 (1980) (rescuer status and imminent peril concept in rescue doctrine)
- McGinty v. Nissen, 127 Ill.App.3d 618 (1984) (limits of duty when recognizing rescue doctrine constraints)
- Williams v. Foster, 281 Ill.App.3d 203 (1996) (rescue doctrine and contributory negligence in rescuer context)