Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kren v. Payne

OPINION FILED FEBRUARY 29, 1980.

DONALD LEE KREN, PLAINTIFF-APPELLANT,

v.

THOMAS A. PAYNE, DEFENDANT-APPELLEE. — (AETNA CASUALTY & SURETY COMPANY, INTERVENOR-APPELLEE.)



APPEAL from the Circuit Court of Sangamon County; the Hon. JEANNE E. SCOTT and the Hon. SIMON L. FRIEDMAN, Judges, presiding.

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

Rehearing denied March 25, 1980.

Defendant demanded jury.

Plaintiff did not.

Defendant withdrew on eve of trial.

Plaintiff belatedly moved for jury trial.

Court denied.

We affirm.

Plaintiff Kren was employed as an operating engineer at the site of a new treatment plant being built in Springfield. At 4 p.m. on a Friday afternoon work had ceased because of intemperate weather. One of the employees of the construction company arrived at the jobsite and proceeded to distribute paychecks to the employees there. Defendant Payne asked plaintiff Kren to come over to his car where they had a discussion inside Payne's vehicle regarding Kren's paycheck. A disagreement ensued and Payne jumped from the driver's side of the vehicle while Kren emerged from the passenger side. Payne came around and attacked Kren and during the altercation Kren was tripped and his left leg snapped. As a result of this altercation, Kren suffered injuries to his left leg and scratches and bruises to his face.

Kren went to his family physician and was referred to an orthopedic surgeon, Dr. H.G. Woody. Dr. Woody diagnosed the injury as a torn cartilage in the left knee and proceeded to conduct a course of treatment.

Procedurally, the issues involved in this appeal came before two separate judges. Upon the eve of trial, a motion by plaintiff for a jury trial was heard and denied by Judge Simon L. Friedman. The case proceeded to trial before Judge Jeanne E. Scott, sitting at bench. She found in favor of Kren, the plaintiff-appellant, and awarded him $2,000. A subsequent motion by Kren for jury trial — or in the alternative to modify judgment — was denied and this appeal followed.

Simply stated, the two issues presented are: (1) Did Judge Friedman and Judge Scott abuse their discretion in denying plaintiff-appellant's motion for leave to file a late jury demand and his post-trial motion for a jury trial; and (2) did Judge Scott err in failing to properly consider all of the elements of the issue of damages?

LATE JURY DEMAND

We turn first to the question of the jury demand. Judge Friedman refused to allow plaintiff leave to file a late jury demand, and Judge Scott subsequently ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.