Court: Appellate Court of Illinois; June 30, 1977; Illinois; State Appellate Court
James A. Taggart, the plaintiff, owned real estate in Woodstock, Illinois, where he intended to place a modular house. After pouring a foundation and backfilling, on July 31, 1972, a crane from Central Contractors Service, Inc., the defendant, was used to position the modular house. Post-operation, the foundation was found to be cracked and partially caved-in, with a significant indentation nearby, attributed to the crane's pad. Taggart sued for $6,000, alleging the defendant's negligence caused the damage.
At trial, the defendant moved for a directed verdict after the plaintiff's presentation. The trial court granted this motion, ruling in favor of the defendant. Taggart appealed, arguing he provided sufficient evidence for a jury to potentially rule in his favor based on ordinary negligence. The court agreed, stating that directed verdicts should only be granted when evidence overwhelmingly supports one side, referencing the Pedrick standard. The court found that the evidence did not meet this threshold and that a jury could reasonably conclude the defendant's negligence caused the foundation damage.
As a result, the court reversed the trial court's decision and remanded the case for a new trial, stating there was no need to address Taggart's additional argument regarding res ipsa loquitur. The opinion concluded with the agreement of Justices Seidenfeld and Nash.
