JUSTICE KUEHN delivered the opinion of the court:

The defendant, William J. Preis, appeals from the trial court's June 21, 2001, denialof his posttrial motion for a judgment notwithstanding the verdict or, alternatively, for a newtrial.

Michael Meehan was a student at Lewis and Clark Community College and rentedan apartment in Godfrey, Illinois, from William J. Preis. The apartment was owned by Preisand his wife, although the lease indicated that the owner was Preis Home Construction, Inc.,of which Preis is president.

The apartment building is what is commonly known as a quadplex-a buildingcontaining four residential units. Preis's construction company was responsible for buildingthe particular quadplex occupied by Michael Meehan, as well as 63 others in the complexwhere Michael Meehan's building was located. Ownership of the other 63 apartmentbuildings is not known because that detail was not included in the record.

Michael Meehan's apartment was one of two upstairs apartments. The two upstairsapartments share a deck that is 20 feet long and 10 feet wide and separated in the middle bya wooden divider. Apparently, all of the other apartment buildings in the complex aresimilarly constructed. Each deck is secured to its building by a wooden ledger board. Theledger boards were attached to the buildings at the joists by 30 pole-barn nails. The nailsutilized in the deck constructed at Michael Meehan's apartment were ungalvanized. Ungalvanized nails can rust. Some of the other decks constructed by Preis HomeConstruction, Inc., included galvanized nails.

On May 15, 1998, Audra Kamp attended a party hosted by Michael Meehan in hisGodfrey apartment. The party was well-attended, with approximately 60 people in theapartment. The partygoers were also on the deck. About 11 p.m., Kamp and an estimated35 to 40 other people were standing on this deck, when the deck suddenly collapsed. Kamp and the others fell 15 feet to the ground below. Kamp's right leg was severely injuredin the accident. Her leg was three-fifths severed, with a fractured tibia and fibula. Thefracture was designated as a grade III and open, meaning that it was the worst type offracture, with the bone exposed to the environment. She was initially seen on May 16, 1998,at an Alton hospital emergency room by an orthopedic surgeon, who performed an openreduction and internal fixation by inserting a seven-inch plate with seven screws in Kamp'sleg. The surgeon, Dr. J.E. Stirnaman, was reluctant to close the wound for fear of infection. He loosely closed the wound with nylon sutures and placed drains in the leg. Thereafter, onMay 18, 1998, she underwent a second surgery, at which time Dr. Stirnaman removed thesutures, irrigated the wound, debrided it of necrotic-looking tissue, and closed the wound.

Following the two surgeries, Kamp was seen by Dr. Stirnaman in his office. Heprescribed antibiotics and removed fluid from the wound for culturing. The culture waspositive for a rare bacteria, meaning that Kamp likely had an infection in her leg. Asubsequent culture revealed the presence of a staph infection. Thereafter, Kamp wasreferred to a St. Louis orthopedic surgeon who also happened to be an infectious diseasespecialist, Dr. Clayton Perry, with a tentative diagnosis of osteomyelitis, a bone infection.

Dr. Clayton Perry was not able to fully treat the osteomyelitis until the fracture hadhealed, because treating the infection required the removal of the plate and screws in orderto be able to remove any diseased bone. By October 1998, the fracture and the wound hadsufficiently healed without a sign of infection. On November 12, 1998, Dr. Perry operatedon Kamp to remove the plate and the screws. During this surgery, he removed tissue fromunderneath the plate, which was sent for culturing. The wound was cleaned and closed withstitches. That culture revealed that there was still a staph infection in the area where theplate had been. Kamp has not had any recurrence of the infection.

Kamp filed suit against Mr. and Mrs. Preis, doing business as Preis Commercial andRealty, and against Preis Home Construction, Inc. She alleged negligent construction,negligent maintenance, and failure to warn of the maximum number of people who shouldbe allowed on the deck. Motions to dismiss were filed. The trial court determined that thestatute of limitations barred the suit against Preis Home Construction, Inc., for negligentconstruction but that the corporation maintained a possessory interest in the property andcould be sued as a landlord. The complaint was amended several times as the case made itsway to a trial.

During the trial, Kamp's attorney questioned Preis about the lease's language. Preisclarified that while the lease very specifically stated that the landlord was Preis HomeConstruction, Inc., he and his wife were the actual landlords, because he and his wife ownedthe building. Preis explained that the attorney who drafted the lease felt that they would bebetter protected if the corporation was listed as the landlord. Following this testimony,Kamp's attorney voluntarily dismissed her case against Preis Home Construction, Inc.

Following deliberation, the jury returned a verdict for Kamp in the total amount of$1,300,319. The trial court granted Preis's motion for a set-off in the amount of $79,905.71,the amount of the settlement Kamp had reached with the tenant, Michael Meehan. Preis'sposttrial motion asked the court to enter a judgment notwithstanding the verdict or toalternatively order a new trial. That motion was denied on June 21, 1999.

On appeal, Preis raises numerous issues relative to that order.

A judgment notwithstanding the verdict should not be granted unless the evidence,

when viewed in the light most favorable to the opponent, so overwhelmingly favored themovant that no contrary verdict could possibly stand. Pedrick v. Peoria & Eastern R.R. Co.,37 Ill. 2d 494, 510, 229 N.E.2d 504, 513-14 (1967). A judgment notwithstanding theverdict is inappropriate in situations where " 'reasonable minds might differ as to inferencesor conclusions to be drawn from the facts presented.' " McClure v. Owens CorningFiberglas Corp., 188 Ill. 2d 102, 132, 720 N.E.2d 242, 257 (1999) (quoting Pasquale v.Speed Products Engineering, 166 Ill. 2d 337, 351, 654 N.E.2d 1365, 1374 (1995)). The trialcourt should not reweigh the evidence and set aside a verdict just because the jury couldhave drawn different conclusions or inferences from the evidence or because the court feelsthat another result would have been far more reasonable. McClure, 188 Ill. 2d at 132, 720N.E.2d at 257 (relying on Maple v. Gustafson, 151 Ill. 2d 445, 452, 603 N.E.2d 508, 512(1992)). Similarly, the appellate court should not usurp the jury's role on questions of factthat were fairly submitted, tried, and determined from the evidence which did notoverwhelmingly favor either position. McClure, 188 Ill. 2d at 132, 720 N.E.2d at 257(relying on Maple, 151 Ill. 2d at 452-53, 603 N.E.2d at 512). We apply a de novo standardto determinations on motions for judgments notwithstanding the verdict. McClure, 188 Ill.2d at 132, 720 N.E.2d at 257; Hernandez v. Schittek, 305 Ill. App. 3d 925, 930, 713 N.E.2d203, 207 (1999).

The trial court's ruling on a motion for a new trial should not be reversed on appealunless the party who is seeking the new trial can affirmatively show that the court clearlyabused its discretion. Maple, 151 Ill. 2d at 455, 603 N.E.2d at 513. In determining whetherthe trial court abused its discretion, we must consider whether the jury's verdict wassupported by the evidence and whether the complaining party was denied a fair trial. Maple,151 Ill. 2d at 455, 603 N.E.2d at 513.

Preis contends that the trial court erred in overruling his motion in limine regardingtestimony Dr. Perry gave by way of evidence deposition, about the possibility that Kampcould develop osteomyelitis in the future. Dr. Perry testified that if she developed anotherinfection, the condition would necessitate additional surgery and could possibly result in theamputation of her right leg. Specifically, Dr. Perry testified to his opinion, within areasonable degree of medical certainty, whether Kamp could develop an infection in thefuture because her final culture indicated the presence of a staph bacteria in the leg: "It'smore likely that she would be infected with positive cultures than if we had not found anygerms at all." He finalized the thought by stating, "[I]n her case, it's more likely."

Preis correctly argues that the admission of testimony about future damages isreversible error if that testimony is based upon speculation. Harp v. Illinois Central GulfR.R. Co., 55 Ill. App. 3d 822, 827, 370 N.E.2d 826, 829-30 (1977). If a doctor testifies thata future problem or need could possibly occur, that testimony is too speculative and shouldnot be admitted. Brown v. Chicago & North Western Transportation Co., 162 Ill. App. 3d926, 937-38, 516 N.E.2d 320, 328-29 (1987).

The line determining what testimony is allowable and what testimony is inappropriateis ruled by whether that testimony is speculative. We have previously held that testimonyabout future damages that have a "strong possibility" of occurring is allowable. Zitzmannv. Miller, 194 Ill. App. 3d 477, 484, 551 N.E.2d 707, 711 (1990). Stated simply, this issueboils down to whether the damages are speculative and whether those future damages wereproximately caused by the defendant's negligence. If the defendant's negligence caused aplaintiff to suffer an injury, that plaintiff should be entitled to full compensation for thatinjury. Anderson v. Golden, 279 Ill. App. 3d 398, 401, 664 N.E.2d 1137, 1139 (1996). Ifthe defendant's negligence places the plaintiff at greater risk for future damages, the plaintiffis entitled to recover for those damages. Anderson, 279 Ill. App. 3d at 401, 664 N.E.2d at1139. To hold otherwise would mean that the plaintiff could not be made whole. Preis'sargument-that future damages must be supported by testimony that the injury is at least 51%likely to occur-is not acceptable. So long as the increased risk of future injury is provenwithin a reasonable degree of certainty and is proximately caused by the defendant'snegligence, evidence of that possibility is not speculative. Anderson, 279 Ill. App. 3d at401, 664 N.E.2d at 1139.

We hold that the trial court's ruling denying Preis's motion in limine on this issue wascorrect.

Preis's attorney contends that any evidence presented at the trial following the trialcourt's denial of Preis Home Construction, Inc.'s motion to dismiss was erroneous. From theentirety of the written material supporting this issue in Preis's brief, it is apparent that hisattorneys are arguing that the motion to dismiss should have been granted. However, sincePreis Home Construction, Inc., is not a party to this appeal, we lack jurisdiction in thisregard. Furthermore, Kamp's voluntary dismissal of Preis Home Construction, Inc., at theconclusion of her case did not render the trial court's previous order denying the motion todismiss "final" for the purpose of appeal. Saddle Signs, Inc. v. Adrian, 272 Ill. App. 3d 132,135-40, 650 N.E.2d 245, 247-50 (1995). On appeal, a party can only raise error harmful toa nonappealing party's rights if that error affected the appealing party's rights. Louis Marsch,Inc. v. Pekin Insurance Co., 140 Ill. App. 3d 1079, 1086, 491 N.E.2d 432, 437 (1985). Preisdoes not make this argument in his appeal. To consider this issue, we would have topresume that Preis was harmed by the trial court's order as to Preis Home Construction, Inc. We will not make that presumption.

Preis argues that Kamp failed to identify any latent defective condition with the deckand that, therefore, the trial court should have granted his motions for a directed verdict anda judgment notwithstanding the verdict. We have previously stated the standard of reviewfor an appeal of a denial of a judgment notwithstanding the verdict. The standard of reviewfor a directed verdict is identical. We must determine whether all of the evidence, whenviewed in the light most favorable to the opponent, so overwhelmingly favored the movantthat no contrary verdict could possibly stand. Pedrick, 37 Ill. 2d at 510, 229 N.E.2d at 513-14.

Preis argues that he should have been allowed to rely upon the 10-year statute oflimitations applicable to real property construction (735 ILCS 5/13-214(b) (West 1996)). He believes that he is immune from liability as a landlord because of this statute oflimitations. He also contends that he could rely upon a statutory presumption of nonegligence because the deck did not cause injury within six years of its construction. See735 ILCS 5/8-1801 (West 1996). We will address each argument separately.

The real-property-construction statute of limitations states, "No action based upon tort*** may be brought against any person for an act or omission of such person in the design,planning, supervision, observation or management of construction, or construction of animprovement to real property after 10 years have elapsed from the time of such act oromission." 735 ILCS 5/13-214(b) (West 1996).

Again, this argument relates to Preis Home Construction, Inc., and thus it is irrelevantbecause the only party on appeal is Preis. Raising this argument on behalf of Preis, in hiscapacity as landlord, is new. Preis did not raise this issue in the trial court. We could,therefore, consider the matter waived. See 155 Ill. 2d R. 366(b)(2)(iii); Rainey v. City ofSalem, 209 Ill. App. 3d 898, 904, 568 N.E.2d 463, 467 (1991). Even if the issue was notwaived, this statute of limitations simply does not apply to an owner being sued as alandlord. Prochnow v. El Paso Golf Club, Inc., 253 Ill. App. 3d 387, 392-94, 625 N.E.2d769, 772-74 (1993).

The other statutory provision upon which Preis relies states, "Any work or service onreal property *** which does not cause injury *** within 6 years after such performance,manufacture, assembly, engineering[,] or design[] shall be presumptive proof that such work*** was performed *** with reasonable care by every person doing any such acts." 735ILCS 5/8-1801 (West 1996).

Preis argues that because the deck was constructed 12 years prior to this accident, thedeck was presumptively constructed with reasonable care-without negligence. However,we are reminded that Preis is the only defendant before this court and that Preis was suedfor negligent acts or omissions in his capacity as landlord. Having reviewed the sixthamended complaint, the complaint upon which this case was tried, we conclude that Preiswas not sued for negligent acts or omissions related to the construction of the deck. Kampalleged that he was negligent in one or more of the following respects:

"A. Permitt[ed] the deck to become in such a disrepaired condition as to beunsafe for use;

B. Allowed the deck to be used when there were insufficient supports to holdthe deck in place and upright;

C. Allowed the deck to be used when it was not properly attached to thestructure;

D. Failed to forewarn his tenants of the maximum number of individualsallowed on said deck."

These allegations involve the notice that Preis had, as landlord, relative to the safety of thedeck at issue. The following paragraph of Kamp's complaint explains her theory: "[T]heabove[-]referenced latent conditions were, or in the exercise of reasonable care would havebeen and should have been[,] known to *** PREIS."

In his brief on this issue, Preis attempts to steer focus in a couple of differentdirections. He argues that the deck was not a "balcony" for the purpose of the loadrequirement contained within the Building Officials & Code Administrators NationalBuilding Code (BOCA code), with which the deck was not in compliance. Second, hecontends that Preis Home Construction, Inc.'s use of nails in the construction of the deck didnot constitute a latent defective condition. These issues veer from the question of thestatutory presumption.

Initially, we find that the statutory presumption of reasonable care in construction isexplicit in its application and was not designed to apply to an owner sued in his capacity asa landlord.

Regarding the BOCA code issue, after our review of the trial transcript and the recordon appeal, it is clear that Preis presented no evidence that the terms "deck" and "balcony"are not the same. Preis's attorney did argue this issue in her closing argument to the jury. Kamp presented three expert witnesses who testified that the BOCA code "balcony" load-capacity requirement applied to this deck. Preis's attorney did not object to this testimony. We find that Preis has waived consideration of this issue.

The nail issue is made more complex by the manner in which it is treated in Preis'sbrief. To simplify the issue, we note that some witnesses testified that 60-penny pole-barnnails were utilized in this deck's construction. Other witnesses testified that 16-penny nailswere utilized in this deck's construction. The experts provided testimony regarding theproblems with the deck's construction, problems which led to its deterioration and ultimatecollapse. Preis felt that there should have been evidence regarding the type of metal usedin the nails, whether the nails were or were not tempered, the carbon content of the nails, andthe nails' tensile strength. Evidence was presented that the nails were not tempered, in thatthe head of every nail used to secure the deck to the building was rusted through. There wasno evidence on the other issues. Expert witnesses provided opinions regarding what causedthe deck's collapse. Apparently, their opinions were not based upon the issues that Preisnow raises.

Ultimately, this issue amounts to a matter of witness credibility. Witness credibilityis within the jury's responsibility. Maple, 151 Ill. 2d at 453, 603 N.E.2d at 511-12. Wecannot usurp the jury's function and substitute our judgment for questions of fact that werefairly submitted, tried, and determined from the evidence presented. McClure, 188 Ill. 2dat 132, 720 N.E.2d at 257 (relying on Maple, 151 Ill. 2d at 452-53, 603 N.E.2d at 512).

We do not find that all of the evidence, when viewed in the light most favorable toKamp, so overwhelmingly favored Preis that no contrary verdict could possibly stand. SeePedrick, 37 Ill. 2d at 510, 229 N.E.2d at 513-14. The trial court's denial of Preis's motionsfor a directed verdict and for a judgment notwithstanding the verdict was correct.

Preis contends that the trial court erroneously allowed portions of Joseph Parente'sevidence deposition to be read to the jury. Joseph Parente, one of Kamp's witnesses withan expertise in Madison County construction and applicable BOCA code requirements,testified that the apartment building at issue was subject to the 1984 version of the BOCAcode. Preis objected to Joseph Parente's testimony that the 1984 BOCA code requiredbuilders to build a deck that could support a live load of 100 pounds per square foot. Preiscontends that this opinion was not disclosed either by way of interrogatory answers or byway of discovery deposition testimony. Kamp claims that the opinion was disclosed.

After our review of the entirety of the trial transcript relative to Preis's objections toJoseph Parente's testimony, it is clear that the trial court asked Kamp's attorney to provideit with specific portions of the discovery deposition transcript to confirm that the topic hadbeen previously disclosed. There were numerous objections to this live-load-requirementline of questioning, and the trial court entertained discussion with each objection. Portionsof the transcript were shown to the trial court and were the subject of argument. Preis'scontention that Kamp's attorney never provided the trial court with confirmation of a priordisclosure is not necessarily true. In order for us to properly review this issue, we wouldneed to review the discovery deposition transcript. Unfortunately, the discovery depositiontranscript was not included in the record on appeal.

The burden of providing an appropriate record on appeal falls upon the appellant. Webster v. Hartman, 195 Ill. 2d 426, 432-33, 749 N.E.2d 958, 962-63 (2001). The trialcourt had access to the complete discovery deposition transcript when it ruled upon Preis'sobjection. Since the discovery deposition transcript is not a part of the record on appeal, wemust presume that the trial court's ruling was supported by adequate evidence. See Webster,195 Ill. 2d at 432-33, 749 N.E.2d at 962-63.

Even if we assumed that the trial court erred in allowing this opinion into evidence,the evidence at issue was merely cumulative of testimony provided by two other witnesses. No objection was made to the testimony of witnesses George Michael Metcalf and ScottO'Neill, who also testified about the BOCA code live-load requirements.

Preis next argues that the trial court abused its discretion by allowing Kamp's attorneyto question Preis and witnesses Norman Halcomb and George Baumgartner about the deck'sconstruction, in violation of the 10-year statute of limitations for construction. Preisaccurately cites the statute of limitations for suing a person or entity related to theconstruction of a property (735 ILCS 5/13-214 (West 1996)). While suit might be time-barred, we do not believe that questions relative to construction should be completelyforbidden. Bearing in mind that Preis was sued in the capacity of the owner and landlordof the property, we conclude that testimony about the deck's construction could have beenmaterial to aspects of the case against the owner/landlord. We do not find that the trial courtabused its discretion in allowing this testimony.

Preis also argues that Kamp's attorney made references to lag bolts (which were usedin decks constructed for Preis after the construction of the deck in question) in clear defianceof an order in limine. Preis is correct that the topic of lag bolts came up in the examinationof two witnesses. In both instances, the subject was discussed in depth in the trial court'schambers prior to the questions being asked. The trial court allowed the questions becauseKamp was merely impeaching the witnesses with previous deposition testimony. Before theimpeachment, the witnesses were questioned about the use of lag bolts in deck constructionprior to this accident. Preis did not object to these questions, although they were perhapsasked in violation of the in limine order. The answers were all in the negative, whichadvanced Preis's defense of this case. Only when Kamp's attorney sought to impeach thewitnesses with previous testimony to the contrary did Preis's attorney object. Theimpeachment was proper and the trial court's ruling was not erroneous.

Preis next contends that the trial court erred in not granting his request for a mistrialafter Scott Weigler testified about maintenance performed on similar decks. The trial judge,sua sponte, struck all of this objectionable testimony and appropriately advised the jury todisregard the testimony, but Preis believes that the situation was not remediable.

A mistrial should be called if the jury has been so influenced and prejudiced such thata fair and impartial trial cannot result even with admonitions and instructions by the trialcourt. Dupree v. County of Cook, 287 Ill. App. 3d 135, 145, 677 N.E.2d 1303, 1310 (1997). Whether to declare a mistrial is strictly within the trial court's discretion. Dupree, 287 Ill.App. 3d at 145, 677 N.E.2d at 1310. The party seeking the mistrial must demonstrateprejudice from the objectionable testimony and must demonstrate that the prejudice couldnot be effectively cured by admonitions and jury instructions delivered by the trial court. Dupree, 287 Ill. App. 3d at 145, 677 N.E.2d at 1310. On appeal, there is a presumption thata jury followed a trial court's admonitions. People v. Foster, 195 Ill. App. 3d 926, 950, 552N.E.2d 1112, 1129 (1990).

Preis has not submitted any proof of prejudice by way of juror affidavit or otherwise. Instead, Preis argues that it was not the testimony of Scott Weigler alone that required amistrial. He argues that a mistrial was necessitated because of the cumulative effect of thetrial court's having allowed Preis and two other witnesses to testify about the constructionof the other decks, in addition to having allowed the initial improper questioning of ScottWeigler. We have already concluded that testimony about the decks' construction wasrelevant on issues unrelated to the construction itself. Consequently, we would havedifficulty finding that this appropriate testimony should have resulted in a mistrial. Furthermore, because Preis seems to merely claim prejudice without firm evidence ofprejudice, we conclude that the trial court did not abuse its discretion in refusing to declarea mistrial.

Because we have previously held that Dr. Perry's testimony about the possibility offuture infection was not speculative, we find that the admission of his evidence depositiontestimony on this issue was proper.

Preis also argues that the trial court erred in disallowing testimony by his expert, Dr.Harry Duffy, about the length and strength of a 16-penny pole-barn nail. Kamp's attorneyobjected to this testimony, and the trial court concluded that the proposed testimony calledfor an expert opinion and that this expert opinion had not been disclosed. Consequently, thetrial court barred Dr. Harry Duffy from testifying about the length and strength of thatparticular type of nail. Preis contends that the length and the strength of the nail arefacts-not opinions. We agree with this contention. Kamp argues that this testimony wasimproper because of the inferences to be drawn from such questions and answers.

Upon reviewing the trial transcript, we note that Dr. Harry Duffy was allowed totestify about both the length of the nail and the diameter of the nail because those facts werelisted in national design-specification charts. Kamp's objection to further testimony aboutthe length and the diameter of the nail occurred when Preis's attorney attempted to elicittestimony about a measurement he had made just that morning. The trial court determinedthat this testimony did involve more than just a fact, and it sustained the objection. Thereafter, Preis's attorney attempted to have Dr. Harry Duffy measure the nail in the jury'spresence. The trial court determined that because the testimony had already been given asto the length and the diameter of the nail as taken from the charts, a measurement of the nailin front of the jury had no purpose unless there was an inference to be drawn from themeasurement. The trial judge indicated that this "inference" had not been disclosed, and hebarred Preis's attorney from asking for the measurement.

Dr. Harry Duffy was not questioned about the strength of the 16-penny pole-barnnail, at least not directly. We suspect that the nail's strength was precisely the inference thatPreis's attorney hoped to make by eliciting an expert's measurement in the jury's presence. We conclude that the trial court's evidentiary ruling on this issue was correct.

Finally, Preis contends that the trial court erred in instructing the jury regarding futuredamages. A party is entitled to have the jury instructed on his or her theory of the case. Martoccio v. Western Restaurants, Inc., 286 Ill. App. 3d 390, 392, 675 N.E.2d 1045, 1047(1997). Because we have previously concluded that evidence of future damages wasappropriately allowed, we find that instructions based upon that evidence were proper.

We find that the questions of fact were fairly submitted, tried, and determined by thejury from evidence which did not overwhelmingly favor either party. We cannot concludethat the evidence so overwhelmingly favored Preis that a contrary verdict would never stand. The trial court's denial of Preis's motion for a judgment notwithstanding the verdict wasappropriate. Furthermore, we find that the trial court did not abuse its discretion in denyingPreis's motion for a new trial. For the foregoing reasons, the judgment of the circuit courtof Madison County is hereby affirmed.

Affirmed.

MAAG, P.J., and HOPKINS, J., concur.

Opinion Filed: August 6, 2002

Justices: Honorable Clyde L. Kuehn, J.

Honorable Gordon E. Maag, P.J., and

Honorable Terrence J. Hopkins, J.,

Concur

Attorneys Thomson Law Offices, Stephen W. Thomson, Dayna L. Johnson, Nancy

for Quackenbush, P.O. Box 538, Edwardsville, IL 62025

Appellant

for Alton, IL 62002

Appellee