Fronabarger v. Burns

              1
Rule 23 order filed NO. 5-07-0433
August 19, 2008;
Motion to publish granted IN THE
September 29, 2008.
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
________________________________________________________________________
ELLEN FRONABARGER, ) Appeal from the
) Circuit Court of
Plaintiff-Appellant, ) Madison County.
)
v. ) No. 05-L-1141
)
EDITH BURNS, ) Honorable
) Nicholas G. Byron,
Defendant-Appellee. ) Judge, presiding.
________________________________________________________________________
JUSTICE WELCH delivered the opinion of the court:
The plaintiff, Ellen Fronabarger, appeals from an order of the circuit court of Madison
County that entered a judgment in her favor and against the defendant, Edith Burns, pursuant
to a jury verdict. On appeal, the plaintiff raises two issues, which we restate as follows: (1)
whether the trial court erred in allowing into evidence, without expert testimony, photographs
of the parties' vehicles following the accident and (2) whether the trial court erred in allowing
the defendant's expert's testimony regarding the photographs, the damage to the vehicles, and
the plaintiff's corresponding injury. For the following reasons, we affirm the judgment of
the circuit court.
BACKGROUND
On November 4, 2005, the plaintiff filed a one-count complaint in the circuit court of
Madison County, alleging that the defendant was negligent when she rear-ended the plaintiff,
causing the plaintiff injury. The plaintiff sought damages in excess of $50,000. Beginning
on May 14, 2007, a two-day jury trial was held, where the following evidence was adduced.
On November 29, 2003, at approximately 11:30 a.m., the plaintiff's vehicle, while