Wener v. Nebal

              FIFTH DIVISION
NOVEMBER 9, 2007
No.1-06-2322
BRUCE WERNER, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
)
v. ) No. 01 M6 4690
)
CHRISTINE NEBAL D/b/a/ Club Alpine, )
AL BARRANS, and JOHN DOE, ) Honorable
) Robert J. Clifford,
Defendants-Appellants. ) Judge Presiding
JUSTICE TULLY delivered the opinion of the court:
Following a jury trial, Christine Nebal was found jointly liable for injuries sustained by
Bruce Werner in a physical altercation with Al Barrans and John Doe. Ms. Nebal’s liability
stemmed from Illinois’s Dramshop Act. 235 ILCS 5/6-21 (2000). Ms. Nebal timely appeals
contending: (1) the trial court’s refusal to tender a jury instruction regarding the provocation
affirmative defense was reversible error; (2) the trial court’s refusal to tender to the jury a verdict
form in which the jury was instructed to apportion the damages attributable to the actions of each
defendant was reversible error; (3) the trial court’s refusal to allow a paramedic to testify
regarding Mr. Werner's own admission as to the amount of alcohol he consumed prior to the
occurrence was reversible error; (4) the trial court's jury instructions contained an incorrect
statement of law; (5) the trial court’s refusal to allow testimony regarding the contents of a
telephone conversation amounted to reversible error; (6) the trial court’s refusal to allow
witnesses to testify that the physical altercation between Al Barrans and Bruce Werner was