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Kersey v. Ruch Trucking12/1/2003
PUBLISHED
Plaintiff, Barbara Kersey, as special administrator of the estate of her deceased daughter, Shawnna M. Kersey, filed a negligence action alleging claims under the Wrongful Death Act (740 ILCS 180/0.01 et seq. (West 1996)) and the Survival Act (755 ILCS 5/27--6 (West 1996)) against defendants, Rush Trucking, Inc. (Rush), Red Arrow Corporation (Red Arrow), Richard E. Smith, and Edward D. Lyle, in connection with a vehicular accident. Following a trial in the circuit court of Winnebago County, the jury returned a verdict in defendants' favor. On appeal, plaintiff argues that the trial court erred in refusing to give the jury two of her proposed instructions. For the reasons that follow, we reverse the judgment of the circuit court and remand the cause for a new trial.
I. BACKGROUND
The collision that resulted in Shawnna's death occurred at the intersection of Alpine and Spring Creek Roads in Rockford, Illinois . Alpine Road is a four-lane highway that runs north and south. Spring Creek Road is a four-lane thoroughfare that runs east and west. The intersection of Alpine Road and Spring Creek Road is controlled by a traffic signal. Left turn lanes exist for all directions at the intersection. At the time of the collision, the speed limit for vehicles traveling south on Alpine Road at the intersection was 45 miles per hour. On December 12, 1996, at about 6 p.m., Shawnna was driving her station wagon north on Alpine Road. At about the same time, Edward D. Lyle was driving a truck south on Alpine Road in the curb lane. As Shawnna approached the Spring Creek Road intersection, she entered the left turn lane. While Shawnna was turning west onto Spring Creek Road, her vehicle and Lyle's truck collided. Shawnna eventually died of the injuries she sustained in the accident.
At trial, Richard E. Smith testified that at the time of the collision Lyle was an employee of "Smitty's Express," a trucking business Smith started in 1985. Smith explained that prior to September 1998, Smitty's Express was an in-house agent for Red Arrow and Rush. Under this arrangement, Smitty's Express supplied commercial vehicles and hired drivers but operated under the authority of federal and state operating licenses procured by Red Arrow and Rush. Smith testified that an advisor from Rush provided him with information regarding a reconstruction of the accident performed by Red Arrow and Rush.
Lyle testified that he was familiar with the intersection at which the accident occurred. Lyle recalled that shortly before the accident he was driving south on Alpine Road, descending a hill that precedes the intersection. Lyle testified that when he was about 100 yards from the intersection, he noticed that the traffic signal was red for through traffic, but the green arrow signal was illuminated for traffic wishing to turn left. Lyle slowed down to an estimated speed of 25 to 30 miles per hour as he approached the intersection. Once the green circular signal illuminated, Lyle proceeded into the intersection. Lyle noticed a station wagon starting to make a left turn and come towards his lane of traffic. At that point, he applied his brakes and swerved to the right. However, he was unable to avoid the collision. Lyle stated that at the time of the accident the weather was clear and it was not raining. In addition, Lyle admitted that approaching this particular intersection at a speed of 35 miles per hour would have been dangerous.
Karen Rhoads testified that at about 6 p.m. on December 12, 1996, she was traveling north on Alpine Road when she came to a stop at the Spring Creek Road intersection. Rhoads heard the impact from the collision and observed a truck pushing a station
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