APPEAL from the Circuit Court of Cook County; the Hon. PAUL F.
ELWARD, Judge, presiding.
MR. JUSTICE LORENZ DELIVERED THE OPINION OF THE COURT:
Following a jury trial, judgment was entered in favor of defendants in a suit for damages for personal injuries sustained in a two-car collision. On appeal plaintiffs contend: (1) the verdict is against the manifest weight of the evidence, (2) the trial court erred in denying their motion for a directed verdict and judgment n.o.v., and (3) the trial court erred in instructing the jury.
At trial the following pertinent facts were adduced.
He drove the car in which plaintiffs were riding when this accident occurred. At about 1 p.m. on October 29, 1968, he was in a funeral procession driving south on Nagle Avenue. His vehicle was approximately the 20th to the 25th car in a procession of from 60 to 80 cars. His lights were on and he had a funeral procession sticker on his front windshield. When he was "5 to 10 car lengths" from Foster, the traffic light for Nagle was green. It did not change until he was halfway across the intersection. Just past the centerline of the intersection he collided with defendants' automobile.
He observed defendants "just going into the intersection." They were traveling at between 30 and 40 m.p.h. He was traveling at between 5 and 10 m.p.h. and he was about 15 feet behind the car in front of him, which was driven by Janice Goldstein.
On cross-examination, he admitted that during his deposition of February 10, 1972, he could not remember when he had first seen the traffic light. Also, although during his deposition he said that Janice Goldstein was a "couple" of cars behind him, he now recalls that she was directly behind him.
He also stated that there were three to four cars stopped at Nagle in the left lane headed eastbound on Foster. Defendants were in the right lane.
Judith Brostoff, on her own behalf
She was seated in the front seat of the car driven by her husband, Michael Brostoff. She substantially corroborated his testimony, however, she thought they were traveling at between 15 to 20 m.p.h.
On cross-examination, she admitted that she does not know what color the light was when they entered the intersection.
She further acknowledged that she was not wearing a safety belt at the time of this occurrence. Her head hit the windshield and she suffered a ...