Khatib v. Mcdonald

Plaintiff appeals from a jury verdict of $3,000 in a personal injury action and seeks a new trial on the question of damages only, contending (1) that the award was inadequate as a matter of law; and (2) that the jury's determination of damages was tainted by error (a) in giving an instruction that it was plaintiff's duty to exercise ordinary care to obtain medical treatment, (b) in refusing to exclude evidence concerning a prior accident in which plaintiff was involved, (c) in overruling plaintiff's objections to defense counsel's closing argument concerning the prior accident, (d) in allowing a witness to read nurses' notes written on a hospital chart, and (e) in not allowing plaintiff to introduce testimony concerning his heart condition. Plaintiff was driving his automobile northbound on Lake Shore Drive in Chicago in the second easternmost lane, with his wife and infant child as passengers. Defendant was driving in the same direction alongside plaintiff, in the easternmost lane. When the two vehicles arrived at the first 90 degree turn of an S-curve, they were traveling approximately eight miles per hour and, at this point, defendant drifted from his lane and struck plaintiff's vehicle twice on the right side. Plaintiff stated that on the first impact his body twisted and struck the left door; and, on the second, the left side of his back struck the armrest. He subsequently brought this action for damages because of personal injuries.