Legal Opinion

State Farm Mutual Insurance Co. v. Hervey

Appellate Court of Illinois

Decided October 22, 2004No. 1-03-3437 RelPublished

1Opinion of the CourtJustice Gallagher

This is a subrogation action involving an automobile accident. The issue before this court is whether the trial court abused its discretion in denying a motion for an additur and a motion for a new trial. Defendant, Brenda Hervey, was pulling out from a parking space when she collided with the right side of the vehicle driven by plaintiff, Joseph E Bauer. Flaintiff State Farm insured Bauer. State Farm brought this subrogation action to recover sums paid for property damage to Bauer’s vehicle and for rental expenses incurred by Bauer. On May 8, 2003, the matter proceeded to trial with a jury…

2Cases cited6 opinions

  1. Maple v. GustafsonIllinois Supreme Court · 1992
  2. Balestri v. Terminal Freight Cooperative Ass'nIllinois Supreme Court · 1979
  3. Hollis v. R. Latoria Construction, Inc.Illinois Supreme Court · 1985
  4. Robbins v. Professional Construction Co.Illinois Supreme Court · 1978
  5. Ross v. CortesAppellate Court of Illinois · 1981

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