Smith v. City of Evanston

Plaintiff, Debra D. Smith, sued the City of Evanston (Evanston) for causing a car crash by failing to post a proper warning sign. In an itemized verdict, the jury awarded plaintiff all of her post-accident medical expenses, but nothing for disability. The trial court granted plaintiff’s post-trial motion for a new trial on damages only and this court granted Evanston’s petition for leave to appeal.

We affirm because we find that the trial court did not abuse its discretion by granting plaintiff a new trial or by limiting the new trial to damages.

Around 2:30 p.m. on November 24,1984, Catherine…