Donnellan v. First Student, Inc.

891 N.E.2d 463 · Appellate Court of Illinois · 2008

Facts

Plaintiff Vincent Donnellan's cargo van was rear-ended by a school bus, causing him permanent physical and mental injuries. A jury awarded the plaintiff $6 million, which the defendant appealed, alleging errors in evidentiary rulings and an excessive damages award.

Issue

Did the trial court abuse its discretion by admitting the plaintiff's day-in-the-life video while barring the defendant's surveillance video, and by admitting SPECT scan evidence under the Frye standard? Was the jury's $6 million damages award excessive?

Holding

The appellate court affirmed the jury's verdict, finding no abuse of discretion in the trial court's evidentiary rulings, the admission of SPECT scan evidence, or the refusal of a specific jury instruction, and concluded the damages award was not excessive.

Rule

Demonstrative video evidence is admissible if a proper foundation is laid and its probative value is not substantially outweighed by prejudice. Scientific evidence, like SPECT scans, must meet the Frye standard of general acceptance in its field. Jury damage awards are upheld unless they are unfair, unreasonable, or shock the conscience.

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Case brief last reviewed 2026-01-07. Prepared by CaseReader from the published opinion.