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Thomas v. Yellow Cab Co.

OPINION FILED MARCH 15, 1976.

ARLENE THOMAS, PLAINTIFF-APPELLEE,

v.

YELLOW CAB COMPANY ET AL., DEFENDANTS-APPELLANTS.



APPEAL from the Circuit Court of Cook County; the Hon. HARRY G. HERSHENSON, Judge, presiding.

MR. JUSTICE BURKE DELIVERED THE OPINION OF THE COURT:

Plaintiff, Arlene Thomas, brought this suit to recover damages for personal injuries sustained as a result of the alleged negligence of the Yellow Cab Company, its driver, Sidney James (Yellow), and the driver of a second automobile, Elaine Sims (Sims). At the close of plaintiff's case, the court granted a directed verdict in favor of Yellow. Defendant, Elaine Sims, also made a motion for a directed verdict at this time; the motion was denied. Elaine Sims then rested without putting on any evidence and the court directed a verdict in favor of plaintiff. The only issue then remaining was the amount of damages to be awarded and the jury returned a verdict against the defendant Sims in the sum of $4500. Defendant, Elaine Sims, appeals from the denial of her motion for a directed verdict and from the granting of the directed verdict in favor of plaintiff. Plaintiff has not appealed the granting of the directed verdict in favor of Yellow.

Plaintiff was the only witness called to testify to the facts. On May 18, 1971, a dry and clear day, plaintiff was picked up at 3:30 or 4 in the afternoon at her place of employment by a Yellow Cab driver, Sidney James. She told the driver her destination and he traveled north on Racine Avenue to reach it. Upon reaching the intersection of 87th Street and Racine Avenue, the cab stopped for a red light. When it proceeded into the intersection, there was a collision with an eastbound auto driven by defendant, Elaine Sims. Mrs. Thomas was thrown against the front seat of the cab and injured.

Plaintiff's testimony bearing on which defendants' negligence caused the accident follows:

"Direct Examination

Q. When the cab came up to 87th Street did he continue moving or did he stop?

A. He stopped.

Q. Can you tell me what happened then? Did he remain stopped, the cab driver?

A. Did he remain stopped?

Q. Yes, ma'am.

A. Well, he pulled off after a while, yes.

Q. And when he pulled off, did he pull into the intersection of 87th and Racine?

A. Yes, he did.

Q. And what, if anything, happened when the cab went into the intersection?

A. When the cab went into the intersection there was an impact.

Q. Now, did you see the other vehicle that came into contact with the cab at any time before the accident?

A. Momentarily I did.

Q. All right. Were you able to form any estimate as to the speed ...


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