Rule 23 order filed NO. 5-05-0545
March 6, 2007;
Motion to publish granted IN THE
April 10, 2007.
APPELLATE COURT OF ILLINOIS
SCOTT JACKSON, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Madison County.
v. ) No. 03-L-2011
DAVID W. SEIB, ) Honorable
) Phillip J. Kardis,
Defendant-Appellee. ) Judge, presiding.
JUSTICE SPOMER delivered the opinion of the court:
The plaintiff, Scott Jackson, appeals from the order of the circuit court of Madison
County that entered a judgment for the defendant, David W. Seib, pursuant to a jury verdict.
The plaintiff raises numerous issues on appeal, which we restate as follows: (1) whether the
circuit court erred in denying the plaintiff's requests for a directed verdict, a judgment
notwithstanding the verdict (n.o.v.), or a new trial on the issue of the defendant's negligence,
(2) whether the circuit court erred in allowing the admission of photographs of the plaintiff's
vehicle following the accident, (3) whether the circuit court erred in allowing the defendant's
experts to testify that, in their opinion, the plaintiff was not injured as a result of the
defendant rear-ending him, (4) whether the circuit court erred in excluding the plaintiff's
demonstrative evidence as a sanction for a discovery violation, (5) whether the circuit court
erred in denying the plaintiff's proposed jury instruction on an increased risk of future injury,
and (6) whether the circuit court erred in admitting the testimony of the investigating officer,
who had no independent recollection of the accident. For the following reasons, we affirm
the judgment entered by the circuit court.