Presumption

Negligence may be presumed so long as the facts giving rise to the presumption have a rational connection to a party’s possible negligence.{footnote}Mobile, J. & K.C.R. Co. v. Turnipseed, 219 U.S. 35 (1910)(presumption that injury caused by train resulted from negligence of railroad upheld).{/footnote}  See also PRESUMPTIONS.

Children.  Children are presumed to be free of negligence, but the presumption is rebuttable.{footnote}Friedman v. Park District of Highland Park, 151 Ill. App. 3d 374, 502 N.E.2d 826 (2d Dist. 1986).{/footnote}

Opinion Testimony Inadmissible

Witnesses generally will not be allowed to give opinion testimony as to whether a person acted negligently{footnote}Clifford-Jacobs Forging Co. v. Industrial Commission, 166 N.E.2d 582 (Ill. 1960).{/footnote} or was at fault, and witnesses ordinarily may not testify as to what they would have done in someone else’s position.  See also OPINIONS–Ultimate Issues and Legal Conclusions.

Relevance

Evidence as to the extent of the defendant’s negligence is inadmissible where liability is admitted and only the issue of pecuniary damages is being tried.{footnote}Bullard v. Barnes, 102 Ill. 2d 505, 468 N.E.2d 1228 (1984)(Wrongful Death Act case).

Check 80 ALR2d 1224, 1228.{/footnote}

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