This was a case of a rear-end car crash in which the plaintiff, William Kevin Peach, brought a lawsuit against Lyndsey E. McGovern stemming from personal injuries he sustained in an automobile incident. The jury returned a verdict in favor of defendant, and the judgment on the verdict was entered.
The plaintiff appealed, contending that the jury verdict was against the manifest weight of the evidence, especially when the defendant was adjudged negligent as a matter of law. The plaintiff further asserted that the trial court erred in allowing the defense counsel, over objection, to present evidence pertaining to the relative amount of damage sustained by the vehicles. The plaintiff also argued that there was a direct correlation between the amount of damage to the vehicles, as depicted in photographs and plaintiff’s injuries.
In this case, the plaintiff was on his way home around 10 p.m. after visiting his girlfriend on the evening of July 17, 2010. As he was driving home, he had to stop at an intersection to allow traffic to clear. While waiting at the stop sign, the rear of plaintiff’s pickup truck was hit by another vehicle driven by the defendant who was also on her way home. The defendant claims she was fully stopped behind plaintiff, when her foot slipped off the brake. She further testified that the vehicle simply rolled into the rear of the plaintiff’s truck. The plaintiff, on the other hand, estimated the defendant’s speed to have been 20-25 mph at the time of impact. He also noticed that the defendant was on her cell phone.