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Anderson v. Austin6/7/1994
is, the evidence showed that plaintiff was taking the same risk on the night in question that he habitually took. The more often plaintiff took this risk, the greater the knowledge he had of the dangers inherent in taking the risk. And, knowledge of the dangers involved, together with an intentional or reckless disregard of those dangers, tends to show that his conduct was willful or wanton. We agree with defendants' theory of admissibility and conclude that the evidence of habit was relevant to defendants' claim of willful or wanton conduct on the part of plaintiff, and that the trial court did not abuse its discretion in concluding that the relevance of the evidence was not substantially outweighed by the danger of unfair prejudice. Accordingly, the trial court properly admitted the evidence.
Plaintiff also argues that the trial court erred in granting defendant Ronald Austin's motion for a directed verdict and in excluding testimony regarding Ronald Austin's maintenance of automobile insurance. However, the jury found that plaintiff's conduct was willful or wanton, barring his recovery, and thus did not have to reach the issues regarding the liability of the parents of Curtis Austin. Therefore, because we find no error in the judgment of the trial court, we need not address the issues regarding the liability of Ronald Austin.
Defendants Curtis and Frances Austin have also appealed, arguing that the trial court erred in denying their motions for directed verdict. Because we find no error in the judgment of the trial court, which was in favor of defendants and which dismissed plaintiff's claims, we need not address Curtis and Frances Austin's appeals.
For the reasons stated, we conclude that the trial court committed no error.
No error.
Chief Judge ARNOLD and Judge COZORT concur.
Disposition
No error.
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