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• Title: People Ex Rel. Brown v. Baker
• Author : Supreme Court of Illinois
• Release Date : January 18, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This is an action brought under the Paternity Act (Ill. Rev. Stat. 1977, ch. 40, par. 1351 et seq.) in which plaintiff, Ida Brown, charged the defendant, Ronald Baker, with fathering her daughter born out of wedlock on November 21, 1978. The defendant answered the complaint denying paternity, and a jury subsequently returned a verdict of not guilty. The trial court denied a post-trial motion for judgment non obstante veredicto, and the appellate court, in a Rule 23 order (73 Ill.2d R. 23), finding that the Pedrick standard (Pedrick v. Peoria & Eastern R.R. Co. (1967), 37 Ill.2d 494, 510) had been met, reversed and remanded with directions that the trial court enter judgment in favor of the plaintiff notwithstanding the verdict. (89 Ill. App.3d 1207.) We allowed defendant's petition for leave to appeal under Rule 315 (73 Ill.2d R. 315). There is no apparent conflict between the testimony of the parties regarding their sexual intimacy during the probable period of conception. Defendant was called as an adverse witness under section 60 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 60). He testified that he first met plaintiff in high school but did not begin seeing her socially until 1977 or 1978. They dated for about three months and had intercourse frequently with neither party using any contraceptives. Usually he visited plaintiff at her apartment, although she also went to his apartment a few times. During the same period he was dating two other women, with one of whom he was intimate on a weekly basis. The last time plaintiff and he had intercourse was in March 1978, which was the same month that defendant's fiance, whom he later married, returned from Holland. He first learned plaintiff was pregnant at the end of March 1978. On redirect examination by his own counsel, when asked whether plaintiff ever mentioned the name of David Dawson, defendant replied: Yes, * * * she mentioned his name as a personal friend. She said that he dated her sister several years ago and that is about it.

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