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Smith v. Georgia Pacific Corp.

OPINION FILED SEPTEMBER 28, 1979.

DEAN E. SMITH, PLAINTIFF,

v.

GEORGIA PACIFIC CORPORATION ET AL., DEFENDANTS. — (CAPITOL SCALE CO. ET AL., DEFENDANTS AND THIRD-PARTY PLAINTIFFS,

v.

RAY SWATA, D/B/A SPECTRUM PAINTING & DECORATING, THIRD-PARTY DEFENDANT. — (JAMES P. KELLSTEDT, CONTEMNOR-APPELLANT.)



APPEAL from the Circuit Court of Peoria County; the Hon. EDWARD E. HAUGENS, Judge, presiding.

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

This is an appeal from a direct criminal contempt judgment against James P. Kellstedt, as the attorney for the plaintiff, resulting from certain comments made by counsel following the trial court's sustaining of objections to counsel's direct examination of a witness. Prior to the incident in question, a number of objections had been made to counsel's examination of this witness. Several objections had been sustained, some were overruled and some resulted in the withdrawal of the question. However, the following interchanges took place when counsel tried to question the witness concerning the witness' knowledge of boom trucks:

"MR. KELLSTEDT: When did you first familiarize yourself with boom trucks in the trade, do you recall?

A: They have used them a good ten years or possibly longer.

Q: And, are you familiar now about their use during that period of time?

A: I have seen them in operation, yes.

Q: And, you have been a painter over the years and also associated with as a representative of the employee part of the painting industry, is that right?

A: Yes.

Q: And, your knowledge will be about types of scaffolds and ladders use?

MR. ROTH: I am going to object on the grounds it's a leading question. Conclusionary.

MR. KELLSTEDT: I will withdraw the question.

Q: What is your familiarity, if any, with reference to various types of scaffolds or ladders or other devices in support of painters in the painting trade, particularly in commercial painting?

MR. NICOLL: Objection. It's too general. It does not have any relationship to the issues in this cause.

THE COURT: I think the question is too general. I will ...


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