Clark v. Otis Elevator Co.

PRESIDING JUSTICE HOFFMAN

delivered the opinion of the court:

The defendant, Otis Elevator Company, appeals from a jury verdict in favor of the plaintiff, Michael Clark, on his complaint seeking recovery for negligence. The plaintiff cross-appeals from the trial judge’s order of a remittitur. We consider whether the trial judge erred when it found the plaintiff was incompetent to testify at trial because he had been adjudicated a disabled person under section 11a — 3 of the Probate Act of 1975 (755 ILCS 5/11a — 3 (West 1992)). For the following reasons, we reverse and remand for a new trial.

The…