dissenting:
There was conflicting testimony on the issue of liability. The jury was required to resolve this issue before considering damages. Every reasonable intendment not negatived by the record will be indulged in support of the judgment. The burden is on the appellant to point out reversible error. Under the instructions we assume that the jury found against plaintiff on the issue of liability and had no occasion to consider the question of damages.
I do not think that the defendant can justly complain about the cross-examination. The scope of a cross-examination is largely within the discretion of the trial court. The cross-examination should not be unduly confined. Plaintiff and her physician in their direct-examination testified about her fall at the restaurant, the three operations relating to her cervical spine, her condition of health just prior to March 3, 1960, the three operations that followed and her September, 1960 hospitalization for a gall bladder condition, indicating which conditions they thought related to the March 3, 1960 fall. The defendants had the right to cross-examine these witnesses about all factors relating to these matters. Plaintiff’s other injuries and conditions in fact occurred and related closely in time and location to her low back condition and since the fusion to that area was in part required by preexisting congenital defects, defendants were entitled to a wide latitude on cross-examination within the discretion of the trial judge. No abuse of that discretion has been shown. See Caley v. Manicke, 29 Ill App2d 323, 173 NE2d 209.
The cross-examination about plaintiff’s prior condition of health and testimony before the Industrial Commission was relevant to rebut and impeach plaintiff’s testimony supporting her contention that as of March 3, 1960 her condition of health was fair, that she shortly would be able to return to work as a waitress and that she fell on March 3, 1960. The disputed cross-examination was also relevant to show that plaintiff claimed total disability and that a period of time of that disability was and would be due in part to causes other than the March 3, 1960 fall. Evidence relating to diagnoses that plaintiff’s condition was partially psychosomatic in nature was also relevant. Under the evidence presented in this case wide latitude was properly permitted. No abuse of discretion has been shown. I think that the judgment should be affirmed.