Sadacca v. Monhart

In this appeal from a judgment entered on a verdict for defendant, plaintiff contends that the trial court erred (1) in denying plaintiffs motion for judgment notwithstanding the verdict because the verdict was not supported by the evidence; and (2) in denying the plaintiffs motion for a new trial when it had (a) stricken plaintiffs repair estimate and the corresponding expert testimony even though defendants motion to strike was not timely made; (b) refused to give a written jury instruction regarding the use of verdict forms; (c) refused to give Illinois Pattern Jury Instruction A45.09, a general verdict form tendered by plaintiff; and (d) refused to instruct the jury that defendant had the burden of proving plaintiffs alleged contributory negligence.