Spankroy v. Alesky

Mr. PRESIDING JUSTICE DOWNING

delivered the opinion of the court:

Patricia Alesky (defendant), pursuant to Supreme Court Rule 306 (Ill. Rev. Stat. 1975, ch. 110A, par. 306), appeals an order of the trial court setting aside a jury verdict and granting a new trial. The following issues are presented: (1) did the trial court abuse its discretion in granting a new trial; and (2) did the trial court err in directing a verdict in plaintiff’s favor as to contributory negligence.

The relevant facts follow. David Spankroy (plaintiff), a passenger in a car driven by Mark Lefler on June 19, 1972, was…