Anderson v. Anderson

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1-11-0034 2011 IL App (1st) 110034 FIFTH DIVISION September 30, 2011 Nos. 1-11-0034 & 1-11-0036, Consolidated YOLANDA ANDERSON, Individually and as Mother and Next Friend of Ben Anderson IV, a Minor; ANITA ANDERSON; TAMIKA ANDERSON, individually and as Mother and Next Friend of Tashawana Tshia Anderson, Darnell Devon Anderson, LaSharon Cerrell Anderson, and Sean Darnell Anderson, Minors, Plaintiffs-Appellees, v. SEAN D. ANDERSON and FRANK A. FRATTO, Defendants-Appellants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) Appeal from the Circuit Court of Cook County Nos. 06 M1 304569 06 M1 304570 07 M1 11311 Honorable Diane M. Shelley, Judge Presiding. PRESIDING JUSTICE EPSTEIN delivered the judgment of the court, with opinion. Justices Joseph Gordon and Howse concurred in the judgment and opinion. OPINION ¶1 Defendants Sean D. Anderson and Frank A. Fratto appeal a ruling of the circuit court of Cook County granting a postjudgment motion for a new trial. Sean Anderson and Fratto contend that the trial court's ruling should be reversed because the jury's verdicts were not legally inconsistent or against the manifest weight of the evidence; thus the order granting a new trial was an abuse of the judge's discretion. Plaintiffs Yolanda Anderson, Ben Anderson IV, Anita Anderson, Tamika Anderson, Tashawana Tshia Anderson, Darnell Devon Anderson, Lasharon Cerrell Anderson, and Sean Darnell Anderson (hereinafter collectively referred to as "passenger plaintiffs") did not file a

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