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Myers v. Heritage Enterprises12/10/2004
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You're going to hear testimony that Mr. Myers is the sole beneficiary under the estate; and that while the complaint seeks money for the personal injury for Mary Prillmayer between the dates of August 16 , 2000[,] and September 1 , 2000, that money, any award that's generated that's relevant to this lawsuit, goes to the state of Mary Prillmayer. The state of Mary Prillmayer is the plaintiff, Mr. Myers. Mr. Myers is also going to testify that he was not indebted, and Ms. Prillmayer was not indebted to him; that there were no outstanding bills or anything that will go to pay off anything as a result of this lawsuit. That's the kind of evidence you're going to hear."
Plaintiff objected during the opening statement and, following defense counsel's opening statement, moved for a mistrial. The trial court denied the motion.
Plaintiff did not testify during the presentation of his case. Defendant, however, called plaintiff as an adverse witness. Defendant did not ask plaintiff substantive questions about the incident or decedent but inquired primarily as to plaintiff's credibility and bias (including plaintiff's relationship to decedent and that decedent's nieces and nephews were not involved in the lawsuit). The only substantive questions asked of plaintiff included the date decedent died and the fact that decedent was admitted into the nursing home because she was unable to continue living at home. Plaintiff objected to this line of questioning. The court overruled the objection.
During closing arguments, defense counsel stated the following:
"Lastly, you heard from the laintiff, Mr. Myers. And he's sitting here today. You heard him testify, he's not related to Mary Prillmayer by blood or by my marriage. He's xecutor of the state, and any money that goes to the award, as a result of this case, doesn't go to Mary Prillmayer. It goes to the xecutor of the state, Mr. Myers. Now, I don't even want you to consider that. I don't want that to be your first thought because you shouldn't even get that far in your deliberations in this case."
Improper argument may be a basis for reversal if the argument was of such a character as to have prevented the party from receiving a fair trial. Cooper v. Chicago Transit Authority, 153 Ill. App. 3d 511, 524, 505 N.E.2d 1239, 1247 (1987). Whether a party has been denied his right to a fair trial requires a consideration of the entire trial, and the trial court, having been in a unique position to make that determination, is afforded great discretion. Cooper, 153 Ill. App. 3d at 523, 505 N.E.2d at 1247. We review the trial court's determination for an abuse of discretion. Cooper, 153 Ill. App. 3d at 523, 505 N.E.2d at 1247.
It is generally accepted that inquiry may be made to a witness's interest in the lawsuit because it is relevant to the witness's credibility. See Sweeny v. Max A.R. Matthews & Co., 46 Ill. 2d 64, 70, 264 N.E.2d 170, 173 (1970); M. Graham, Cleary & Graham's Handbook of Illinois Evidence ยง607.7, at 375-76 (8th ed. 2004). Moreover, a witness's relationship to other parties involved in the lawsuit may be relevant to credibility and bias. See, e.g., Chapman v. Hubbard Woods Motors, Inc., 351 Ill. App. 3d 99, 105, 812 N.E.2d 389, 395-96 (2004).
The parties do not cite, nor did we find, any case law directly on point. Many cases have found, however, on different facts, that arguments that become unreasonable or highly prejudicial warrant reversal. See Manninger v. Chicago & Northwestern Transportation Co., 64 Ill. App. 3d 719, 729, 381 N.E.2d 383, 391 (1978); Bisset v. Village of Lemont, 119 Ill. App. 3d 863, 865, 457 N.E.2d 138, 140 (1983). Here, defense co
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