Robert Jones was injured while he was delivering supplies to a Pizza Hut restaurant in South Elgin, Ill. Jones was struck by the pizza delivery car driven by defendant Bibiana Bojorge in the parking lot of the pizza restaurant. Jones injured his knee. The jury’s verdict of $489,364.05, which was reduced by 5% for contributory negligence of Mr. Jones, was appealed by the defendants Bojorge and Pizza Hut.
The issue on appeal was whether the trial judge was in error in admitting into evidence the plaintiff’s prior consistent statement to his wife that he was hit by defendant’s car. The defendant had made Jones’s credibility the centerpiece of their defense at trial. The plaintiff’s prior consistent statement was admissible to rebut the charge that plaintiff’s prior testimony was a fabrication, especially when the evidence included defendant’s written statement in which she admitted that she “hit the delivery guy.” The appellate court affirmed the trial judge’s order and the jury verdict stands.
The facts were that the plaintiff Jones, a delivery truck driver working at a Pizza Hut location, claimed that the defendant Bojorge, a pizza delivery driver, struck him with a car as he was moving boxes of dough on his dolly, injuring his knee.