Opinion
Gen. No. 41,560. (Abstract of Decision.)
Opinion filed June 9, 1941 Rehearing denied June 24, 1941
AUTOMOBILES AND MOTOR VEHICLES, § 112.2 — wilful and wanton misconduct, sufficiency of evidence. In action for injuries sustained by pedestrian when struck by defendant's automobile, evidence that defendant drove across a busy intersection at 35 miles an hour and struck plaintiff crossing the street supported finding of wilful and wanton misconduct, court did not err in permitting plaintiff's counsel to ask doctor whether a particular condition might by caused by trauma, plaintiff's counsel's statement that if defendant had made any effort the accident would not have happened was not prejudicial error, and $8,500 verdict was not excessive where plaintiff suffered permanent injury to left knee, her vertebra was displaced, and she suffered much pain, medical expense and loss of earnings.
See Callaghan's Illinois Digest, same topic and section number.
McSURELY, J., dissenting.
Appeal from Superior Court of Cook County; Hon. W.J. WIMBISCUS, presiding.
Affirmed. Heard in first division, first district, this court at December term, 1940.
John A. Bloomingston, for appellant;
V. Russell Donaghy, for appellee;
David A. Schallman, of counsel.
"Not to be published in full." Opinion filed June 9, 1941; rehearing denied June 24, 1941.