X hits on this document

182 views

0 shares

0 downloads

0 comments

24 / 60

(1st Dist. 2008). Whether “deposition testimony constitutes a judicial admission because

it is unequivocal is a question of law . . . considered de novo.” Elliott v. Indus. Comm’n,

303 Ill. App.3d 185, 187 (1st Dist. 1999). The admissibility of evidence and expert

testimony is reviewed for abuse of discretion. Todd W. Musburger, Ltd. v. Meier, 394 Ill.

App. 3d 781, 800-01 (1st Dist. 2009).

A new trial must also be granted “when the verdict is contrary to the manifest

weight of the evidence.” York, 222 Ill. 2d at 178. The denial of a motion for a new trial

on this basis is reviewed for abuse of discretion. Id. at 179.

SUMMARY OF ARGUMENT

While trespassing on railroad property, Choate tried three times to jump onto a

moving train in order to impress his girlfriend. His bravado ended with the loss of his

lower leg. While it is always unfortunate when a child is injured, Choate is not entitled to

recover from defendants.

With only narrow exceptions, landowners owe no duty of care to an undiscovered

child trespasser. “As in the case of adult trespassers, an owner or occupier of land owes

no duty to a trespassing child except not to willfully or wantonly injure him.” Mt. Zion

State Bank & Trust v. Consol. Commc’ns, Inc., 169 Ill. 2d 110, 116 (1995). “If no duty

exists, it is axiomatic that no recovery can occur.” Id. One of the exceptions to this “no

duty” rule is the Kahn doctrine, under which the plaintiff must show, inter alia, that the

condition that injured him was not one whose danger “children generally would be

expected to appreciate” (i.e., it was not an objectively obvious danger); the plaintiff did

not subjectively appreciate the danger of the condition; and the condition could have been

remedied at an expense that was “slight.” Id. at 117; Corcoran v. Vill. of Libertyville, 73

Ill. 2d 316, 326 (1978). Choate failed, as a matter of law, to satisfy any of these three

  • -

    15 -

Document info
Document views182
Page views182
Page last viewedSat Dec 10 03:24:17 UTC 2016
Pages60
Paragraphs1472
Words18760

Comments