Peltier v. Collins

              No. 2--07--0432 Filed: 5-16-08
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IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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RANDALL PELTIER and KAY PELTIER, ) Appeal from the Circuit Court
) of Ogle County.
Plaintiffs-Appellees, ))
v. ) No. 03--L--12
)
RALPH COLLINS, ) Honorable
) Michael T. Mallon,
Defendant-Appellant. ) Judge, Presiding.
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JUSTICE GILLERAN JOHNSON delivered the opinion of the court:
The plaintiffs, Randall and Kay Peltier, sued the defendant, Ralph Collins, for damages
resulting from an automobile accident. Following a jury trial, a verdict was entered for the plaintiffs
for $1,930.41. Thereafter, the plaintiffs filed a motion for costs incurred in taking the evidence
deposition of a treating physician. The trial court granted the plaintiffs' motion and awarded the
plaintiffs $744 for court reporter fees and $754.50 for videographer fees. The defendant timely
appealed and argues that the trial court erred in granting the motion. According to the defendant,
because the treating physician was neither dead nor missing, he was not unavailable to testify, and
therefore the plaintiffs were not entitled to recover the costs related to the evidence deposition. For
the reasons that follow, we affirm.
BACKGROUND