# Bouhl v. Smith

> Appellate Court of Illinois · February 26, 1985 · 130 Ill. App. 3d 1067

URL: https://www.frixlaw.com/law-library/cases/9739593

## Case

- **Full name:** WENDY BOUHL, Plaintiff-Appellant, v. STEVEN S. SMITH Et Al., Defendants-Appellees
- **Court:** Appellate Court of Illinois
- **Decided:** February 26, 1985
- **Citations:** 130 Ill. App. 3d 1067; 86 Ill. Dec. 247; 475 N.E.2d 244; 1985 Ill. App. LEXIS 1614
- **Precedential status:** Published
- **Opinion:** Concurrence by Stouder
- **Judges:** Barry, Stouder
- **Cited by:** 10 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9739593

## Opinion text

JUSTICE STOUDER, specially concurring:
I agree with the result reached by my colleagues, but I doubt the applicability of some of the reasoning employed to support the result.
In particular I do not believe that the “wrong side of the road rule” as discussed and applied in Sughero v. Jewel Tea Co. (1967), 37 Ill. 2d 240 , 226 N.E.2d 28 , can be applied to a rear-end collision. The Sughero case applies the rule as it is generally applied where one vehicle crosses into the lane legitimately occupied by a vehicle traveling in the opposite direction. This rule has not been applied, so far as I am aware, to a case such as this, where the collision occurred between vehicles traveling in the same direction in the lane properly used by vehicles traveling in that direction.
However, I am content to agree with the holding that the defendant was negligent as a matter of law, but I believe such a conclusion is appropriate without resort to any burden of proof on his part arising from the application of the “wrong side of the road rule.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9739593. Public record. Not legal advice.