Kathleen Waldeck was driving a car that was alleged to have rear-ended the car of the plaintiff, Andice Peacock, causing her injuries. Peacock had alleged that her car was rear-ended by Waldeck while waiting for a stoplight to turn green.
The lawsuit alleged that Peacock’s vehicle was stopped at a red light when the collision occurred, and “there were no visual obstructions to block defendant’s view of plaintiff’s vehicle.” In the Waldeck answer, she admitted her car rear-ended Peacock’s vehicle and that her view was not obstructed. In the meantime, before bringing this summary judgment motion, Waldeck passed away. Her representative of the estate, Barton Waldeck, argued that the Dead-Man’s Act barred Peacock from testifying about this car crash.
A DuPage County, Ill., circuit court judge granted the motion for summary judgment in favor of the Estate of Kathleen Waldeck. Peacock appealed.