Wiggins v. Bonsack
16 N.E.3d 393
Ill. App. Ct.2014Background
- Wiggins, a 15-year-old permit driver, was involved in a two-car collision with Bonsack at a busy four-way intersection where Logan Street meets Route 149.
- Bonsack exited Podge’s Service Station by turning left, crossing two southbound lanes, after a red-light break in traffic and a waving signal from a red-truck driver.
- Wiggins estimated she was going 20 mph or less and had started braking for a red light when Bonsack pulled into her lane; Wiggins never saw Bonsack before impact.
- The red-truck driver’s waving gesture was alleged to have induced Bonsack to enter into traffic; Bonsack admitted she trusted the wave and could not see into the adjacent lane.
- Plaintiff’s medical evidence consisted of chiropractor Dr. Herron’s treatment records; defendant offered no medical testimony; the trial court directed a verdict for plaintiff on negligence but not on liability, and the jury returned a verdict for Bonsack, prompting appellate review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiff is entitled to judgment n.o.v. | Wiggins argues the evidence overwhelming favors liability defendant’s negligence. | Bonsack contends the jury could reasonably find no liability or causation. | Yes; court grants judgment n.o.v. in plaintiff’s favor on liability. |
| Whether the jury verdict was contrary to the weight of the evidence | Weight of the evidence supports plaintiff’s injuries and causation. | Verdict could reflect lack of proof of injuries or contributory negligence. | Remand for judgment on liability and new trial on damages only. |
| Whether instructing contributory negligence was improper | No evidence of plaintiff’s contributory negligence supports instruction. | Contributory negligence should be considered as a defense. | Error to give contributory-negligence instruction; to be reconsidered on remand. |
Key Cases Cited
- Pedrick v. Peoria & Eastern R.R. Co., 37 Ill. 2d 494 (Illinois Supreme Court 1967) (standard for directed verdicts and judgment notwithstanding verdicts)
- McClure v. Owens Corning Fiberglas Corp., 188 Ill. 2d 102 (Illinois Supreme Court 1999) (de novo review of JNOV standard)
- Hickox v. Erwin, 101 Ill. App. 3d 585 (Illinois Appellate Court 1981) (instruction error where no contributory negligence evidence)
- Maple v. Gustafson, 151 Ill. 2d 445 (Illinois Supreme Court 1992) (manifest-weight-of-the-evidence standard; remand when appropriate)
- Gaines v. Townsend, 244 Ill. App. 3d 569 (Illinois Appellate Court 1993) (instructional accuracy tied to evidentiary support)