Anderson v. ZAMIR

931 N.E.2d 697, 402 Ill. App. 3d 362, 341 Ill. Dec. 800, 2010 Ill. App. LEXIS 632
CourtAppellate Court of Illinois
DecidedJune 22, 2010
Docket5-08-0542
StatusPublished
Cited by10 cases

This text of 931 N.E.2d 697 (Anderson v. ZAMIR) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. ZAMIR, 931 N.E.2d 697, 402 Ill. App. 3d 362, 341 Ill. Dec. 800, 2010 Ill. App. LEXIS 632 (Ill. Ct. App. 2010).

Opinion

JUSTICE CHAPMAN

delivered the opinion of the court:

Tiffany Anderson appeals from the trial court’s September 19, 2008, denial of her motion for a new trial from a final judgment after a jury trial, which awarded her $12,500 in damages resulting from injuries and damages sustained in a motor vehicle accident. We reverse and remand.

On September 22, 2005, Tiffany was involved in a motor vehicle accident with Saadia Zamir. Tiffany was rear-ended. Her head hit the steering wheel. Tiffany’s car was pushed forward into the car directly in front of her vehicle. Her vehicle was towed.

Although sore immediately following the accident, she did not seek medical attention right after the accident. Later that day, Tiffany went to the hospital to try to obtain medical care related to a headache from which she had suffered since the accident. Her neck was also sore at this time. Overall, her symptoms had gotten worse since the time of the accident. That evening at the hospital, she was prescribed a neck brace and pain medication.

Thereafter, she followed up with the medical clinic of the student health center at Southern Illinois University at Carbondale (SIÜ-C), where she was then a student. She testified that she complained of pain stemming from her lower back and running up into her neck, primarily on the left side of her body. Dr. Rollin Perkins, a sports medicine physician for the university’s health services, was the physician assigned to oversee Tiffany’s care and treatment. She was treated with pain medication and some physical therapy and home exercises for about six months. In the spring of 2006, she had a cervical MRI, which the radiologist determined was negative. In July 2006, Tiffany returned to the student health center medical clinic with specific left shoulder complaints. Tiffany was referred to Dr. Treg Brown, an orthopedic specialist at the clinic. An MRI of her left shoulder revealed a tear in the labrum of her left shoulder, and in December 2006, Tiffany underwent left shoulder surgery to repair the labrum tear. The surgery was orthoscopic and left Tiffany with several small scars on her left shoulder. After the surgery, Tiffany underwent physical therapy.

Tiffany provided testimony about the pain she experienced from the injuries and following the surgery. Tiffany testified to the activities in which she had engaged before the accident and the limitations she experienced due to these injuries.

Tiffany filed suit against the Zamirs for personal injuries resulting from the accident. The Zamirs admitted liability. The case went to trial on the issue of damages only. The trial was held for two days beginning on July 21, 2008. Medical bills totaling $28,804 were admitted into evidence. At the conclusion of the trial, the jury awarded Tiffany a total of $12,500 — only $5,000 for medical bills and the balance of $7,500 for pain and suffering. Tiffany filed a motion for a new trial, which the court denied on September 19, 2008.

Several issues have been raised on appeal relative to the verdict. We conclude that the issue of the adequacy of the jury’s damages award is dispositive.

The trial court’s ruling on a motion for a new trial should not be reversed on appeal unless the party who is seeking the new trial can affirmatively show that the court clearly abused its discretion. Maple v. Gustafson, 151 Ill. 2d 445, 455, 603 N.E.2d 508, 513 (1992). In determining whether the trial court abused its discretion, we must consider whether the jury’s verdict was supported 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.

The amount of money a jury awards “is peculiarly an issue of fact for the jury to determine” and is entitled to substantial deference. Lee v. Chicago Transit Authority, 152 Ill. 2d 432, 470, 605 N.E.2d 493, 509 (1992); Zuder v. Gibson, 288 Ill. App. 3d 329, 334, 680 N.E.2d 483, 487 (1997). If the jury received proper instruction and otherwise had a reasonable basis for its award, the appellate court will not disturb the verdict. Lee, 152 Ill. 2d at 470, 605 N.E.2d at 510. Although there is no precise formula for determining if a monetary award is fair and reasonable, the following factors should be considered: the extent of the injuries suffered and the degree of the permanency of those injuries, the plaintiffs age, the possibility of future difficulties, the amount of medical expenses involved, and the restrictions upon the plaintiffs life as a result of the injuries suffered. Epping v. Commonwealth Edison Co., 315 Ill. App. 3d 1069, 1072, 734 N.E.2d 916, 918 (2000), citing Richardson v. Chapman, 175 Ill. 2d 98, 114, 676 N.E.2d 621, 628 (1997). A jury’s damages award cannot be overturned unless it is shown that the jury clearly ignored an established element of damages, that the verdict was the result of passion or prejudice, or that the award bears no reasonable relationship to the loss that was suffered. Zuder, 288 Ill. App. 3d at 334, 680 N.E.2d at 487, relying on Gill v. Foster, 157 Ill. 2d 304, 315, 626 N.E.2d 190, 195 (1993).

In this case, liability was admitted, and essentially the cervical injury was conceded, along with damages related to that injury. What the defendants contested at the trial was the shoulder injury. The only medical evidence offered at the trial was presented by Tiffany’s attorney in her case. The defendants’ attorney merely cross-examined Tiffany’s physicians and presented no independent evaluation of Tiffany’s injuries, her medical care, her medical bills, or her prognosis. A review of the cross-examination of Tiffany’s physicians reflects that neither physician wavered in his opinion relative to the cause of the shoulder injury. We find that the testimony of both physicians is of great importance to our consideration of the proof relative to the damages award, and so we review that testimony now.

Dr. Rollin Perkins testified in an evidence deposition, and that deposition was read to the jury. He was able to provide additional details to fill in gaps in Tiffany’s own version of her medical history. Dr. Perkins has been employed at the SIU-C student health center medical clinic since September 1982. He explained that while he had not examined Tiffany before April 17, 2006, she had been a patient of the clinic and had been treated by his partners. She was originally seen in September 2005 by a physician assistant. Dr. Perkins reviewed all the notes in Tiffany’s chart before his April 17, 2006, examination. She was referred to Dr. Perkins by the physician assistant who had evaluated her and followed her through prescribed physical therapy. When Dr. Perkins initially examined her, Tiffany described cervical pain that she had experienced subsequent to the September 2005 motor vehicle accident.

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Bluebook (online)
931 N.E.2d 697, 402 Ill. App. 3d 362, 341 Ill. Dec. 800, 2010 Ill. App. LEXIS 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-zamir-illappct-2010.