Legal Question in Appeals and Writs in Illinois
Evidence
At trial a weather chart was entered for a location
other the location of accident.And duely noted.It said it was above freezing so in efect how could ther be ice for worker to fall on.However it did not show any snow depth nor ground ice .Or any snow,ice measurements.It has been learned that in fact the weather service rules state a given site must be within five miles of a location to be considered as accurerate the chart was for a location 12 to 15 miles away.Question should this evidence be striken from the record in appeal,s court and on what ground,s
?
2 Answers from Attorneys
Re: Evidence
If the weather report was admitted by your opponent, over your objection, and you objection to the admission of the report appears in the record, then you can maintain on appeal that it should not have been admitted, for the reasons you detail. The appellate court is not likely to strike the report from the record, but if the admission of the report was sufficiently prejudicial to you to warrant reversal of the judgment, or if the admissionn of the report, together with any other errors deprived you of a fair trial, then the appellate court can vacate the judgment and order a new trial. The appellate court may or may not order the judge presiding over the new trial to deny the admission of the report into evidence at the new trial. At the new trial, the record will start again, and if the weather report is not admitted into evidence at the new trial, then the report will not be in the record for the new jury to decide your case.
Re: Evidence
I echo the statement given by Mr. Stein, and complement him for giving as thorough response -- without obvious solicitation for business -- as I typically give. I believe that is the reason why this forum was developed.
-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]; www.lawyers.com/alo
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