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Ferenbach v. Desyllas

OPINION FILED FEBRUARY 10, 1977.

ROBERT J. FERENBACH II, PLAINTIFF-APPELLANT,

v.

MICHAEL DESYLLAS, DEFENDANT-APPELLEE.



APPEAL from the Circuit Court of Morgan County; the Hon. GORDON D. SEATOR, Judge, presiding.

MR. PRESIDING JUSTICE CRAVEN DELIVERED THE OPINION OF THE COURT:

This is an appeal from a jury verdict entered March 28, 1975, in favor of defendant-counterplaintiff, Michael DeSyllas (hereinafter defendant), against Robert J. Ferenbach II (hereinafter plaintiff). The lawsuit arose out of an accident which occurred at 8:40 p.m. on March 19, 1971, on Illinois Route 36-54 near Jacksonville, Illinois. Plaintiff was driving his auto in a westerly direction and struck defendant's pickup truck which was stopped on a highway bridge due to what defendant believed to be a failure in the steering mechanism. Road conditions were icy and it was dark.

On February 1, 1973, defense counsel took plaintiff's discovery deposition containing, in part, in the following questions and answers:

"Q. Do you recall laying down across the seat prior to the time of the collision?

A. No.

Q. Do you recall of ever having told anyone that you did that prior to the collision?

A. No.

Q. I take it you have no recollection of saying to anyone that when you first saw what turned out to be this truck, you thought it was a construction barricade?

A. No.

Q. Then I would take it you have no recollection of saying that you thought the flashing lights were a barricade as opposed to a truck?

A. I didn't see any flashing lights."

Following this deposition, plaintiff propounded the following supplemental interrogatory:

"[Interrogatory No. 1:] State the name and address of each and every person having knowledge of or possession of any statements made by Robert J. Ferenbach II with regard to this accident, particularly, but not limited to, any statements he may have made as to his impression of the accident scene as he ...


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