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21 Ill. App. 3d 1037

Collins v. Montgomery Ward & Co.

Appellate Court of Illinois

Decided August 8, 1974

Appellate Court of Illinois · decided 1974-08-08

Cited by 2 later decisions — most recently December 2002

Relies on 36 Ill. App. 2d 351 - Butler v. Palm · 128 Ill. App. 2d 19 - Nolan v. Shaf Manufacturing Co. · 108 Ill. App. 2d 371 - Pritchett v. Steinker Trucking Co., Inc.

Good law ✅— No negative treatment on recordhow we know

Decided 1974-08-08

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Mr. JUSTICE TRAPP

¶1dissenting:

¶2The principal opinion points out that the trial court determined that the opinion testimony at issue was. inadmissible but. failed or refuseqf to, instruct the jury to disregard it., Where opinion testimony is improperly admitted in the trial court, the reviewing courts have found it necessary to reverse and remand for a new trial. Marshall v. First American National Bank, 91 Ill.App.2d 47, 233 N.E.2d 430; Pritchett v. Steinker Trucking Company, Inc., 108 Ill. App.2d 371, 247 N.E.2d 923; Butler v. Palm, 36 Ill.App.2d 351, 184 N.E. 2d 633.

¶3Such testimony is particularly prejudicial since there is no other evidence to sustain the jury issue of “defective design.” This case demonstrates all too well the hazards of lax standards of the hired expert.

¶4The cited Nolan v. Shaf Manufacturing Co., 128 Ill.App.2d 19, 261 N.E.2d 209, does not concern the issue of the prejudicial effect of inadmissible expert opinion, but rather the sufficiency of circumstantial evidence to support the verdict. While there are references to the admissions of defendant’s expert witness, there is no issue of the admissibility of his testimony.

¶5The record further shows that certain conclusions of the purported expert were permitted to go to the jury. While he concluded that the metal was “too thin” he made no tests, no measurements, no calculations and disregarded all published standards and testing data.

¶6Since the prejudice is patent, I would reverse and remand for a new trial.

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