Malatesta v. Winzeler

PRESIDING JUSTICE SCARIANO

delivered the opinion of the court:

This suit arose out of an April 22, 1989, automobile accident in which plaintiff, Joseph Malatesta, alleged that defendant, James C. Winzeler, while negligently operating his vehicle, collided with plaintiffs vehicle, causing damage thereto. Following a bench trial, judgment was entered in favor of plaintiff in the amount of $5,771.94 plus costs, and defendant now appeals, contending that he was denied his right to a trial by jury. We affirm.

Plaintiff filed his complaint on April 3, 1990, and because defendant could not be found,…