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Vicencio v. Lincoln-Way Builders

March 14, 2002

NICHOLAS VICENCIO, PETITIONER-APPELLEE,
v.
LINCOLN-WAY BUILDERS, INC., AN ILLINOIS CORPORATION, DEFENDANT-APPELLANT AND THIRD PARTY PLAINTIFF, AND WEIDNER'S DEPOT OF MOKENA, LTD., D/B/A GORMAN DRYWALL, K & A BUILDERS, INC., AN ILLINOIS CORPORATION, AND HICKORY CREEK CONSTRUCTION, INC., AN ILLINOIS CORPORATION, THIRD PARTY DEFENDANTS.



Appeal from the Circuit Court of the Twelfth Judicial Circuit Will County, Illinois Honorable Amy Bertani-Tomczak, and William G. McMenamin, Judges Presiding No. 98-L-123

The opinion of the court was delivered by: Presiding Justice Lytton

Released for publication March 20, 2002.

NICHOLAS VICENCIO, PETITIONER-APPELLEE,
v.
LINCOLN-WAY BUILDERS, INC., AN ILLINOIS CORPORATION, DEFENDANT-APPELLANT AND THIRD PARTY PLAINTIFF, AND WEIDNER'S DEPOT OF MOKENA, LTD., D/B/A GORMAN DRYWALL, K & A BUILDERS, INC., AN ILLINOIS CORPORATION, AND HICKORY CREEK CONSTRUCTION, INC., AN ILLINOIS CORPORATION, THIRD PARTY DEFENDANTS.

Appeal from the Circuit Court of the Twelfth Judicial Circuit Will County, Illinois Honorable Amy Bertani-Tomczak, and William G. McMenamin, Judges Presiding No. 98-L-123

The opinion of the court was delivered by: Presiding Justice Lytton

PUBLISHED

 Defendant, Lincoln-Way Builders, appeals the trial court's award of various trial fees to plaintiff, Nicholas Vicencio. We affirm in part and reverse in part.

Plaintiff sued defendant for injuries sustained through defendant's negligence. During trial, plaintiff presented the testimony of his treating physician, Dr. Preston Wolin, by videotaped evidence deposition because Wolin was not available to testify at trial due to his professional schedule. Plaintiff also required the services of a Spanish interpreter during his own testimony because he does not speak English. Finally, Melvin Weidner, one of plaintiff's witnesses, failed to show up at trial. Defendant subsequently took Weidner's evidence deposition and presented it during its case-in-chief.

After a jury verdict in his favor, plaintiff filed a motion for costs. Defendant agreed to all costs except:

Dr. Preston Wolin (trial testimony) $2,400.00

Court Reporter (Wolin's deposition transcript) 921.06

Videographer (record) 766.50

Videographer (playback) ...


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