Bailey v. Wilson

700 N.E.2d 1113, 299 Ill. App. 3d 297, 233 Ill. Dec. 405, 1998 Ill. App. LEXIS 652
CourtAppellate Court of Illinois
DecidedSeptember 28, 1998
Docket4-98-0031
StatusPublished
Cited by14 cases

This text of 700 N.E.2d 1113 (Bailey v. Wilson) 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
Bailey v. Wilson, 700 N.E.2d 1113, 299 Ill. App. 3d 297, 233 Ill. Dec. 405, 1998 Ill. App. LEXIS 652 (Ill. Ct. App. 1998).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

The parties were involved in a two-car collision in Danville, IIlinois. Plaintiff filed a negligence lawsuit against defendant for personal injuries to her head, neck, and back. After a trial, the jury returned a verdict in defendant’s favor. Plaintiff appeals, arguing the verdict was contrary to the manifest weight of the evidence and the court erred in admitting evidence of a prior automobile accident involving plaintiff. We disagree and affirm.

I. BACKGROUND

The automobile accident occurred in January 1995, as defendant was driving north on Vermilion Street, a four-lane road in Danville, Illinois. When he approached the intersection at Williams Street the traffic light was green. He slowed his automobile, pulled into the left turn lane, and prepared to turn onto Williams Street. He checked traffic and noticed another vehicle (not plaintiffs automobile) facing the opposite direction and waiting in the left turn lane.

As he proceeded to turn left through the intersection, his automobile struck plaintiffs vehicle, which was traveling south on Vermilion Street. His right front quarter panel collided with plaintiffs front bumper.

Prior to trial, the court denied plaintiffs motion in limine, which sought to preclude defendant from introducing evidence of a January 1993 automobile accident involving plaintiff. Dr. Raj Rajeswaren treated plaintiff after the 1993 accident. According to Dr. Rajeswaren’s evidence deposition, the 1993 accident resulted in injuries to plaintiffs neck. He diagnosed her with post-concussion syndrome, acute cervical strain, and left brachial plexopathy. Dr. Rajeswaren also prescribed physical therapy and anticipated full recovery in four to six weeks. After her last examination in March 1993, plaintiff had full and pain-free range of motion.

At the August 1997 trial, plaintiff testified she was traveling south on Vermilion Street going approximately 30 miles per hour, which was the posted speed limit. The traffic light at the intersection of Williams Street was green. Defendant’s automobile was facing the opposite direction in the left turn lane across Williams Street. When she was about three car lengths from the intersection, defendant hesitated before making his turn and she took her foot off the accelerator. Defendant then turned in front of her, causing her to brake and veer to the left. She did not sound her horn before colliding with defendant’s vehicle. The impact threw her forward, causing her head to hit the window.

Defendant described the collision as a solid bump. After the collision, he got out of his automobile and twice asked plaintiff if she wanted an ambulance. She refused both times. A third party who witnessed the accident also asked if she wanted an ambulance and she again refused. However, plaintiff was pregnant at the time of the accident so defendant convinced her to take an ambulance to the hospital. Plaintiff was taken to the emergency room at United Samaritans Medical Center.

Plaintiff testified she told the emergency room personnel her neck was sore and she was having sharp, knife-like pains in her back. However, in his evidence deposition, Dr. Philip Barnell, the doctor who initially treated plaintiff, stated she denied chest, neck, shoulder, and back pain. Nevertheless, Dr. Barnell ordered a cervical spine X ray and the results were normal. Based on plaintiff’s statements and the diagnostic tests, he concluded plaintiff was not injured except for abdominal tenderness and fetal demise occurring before the accident. Plaintiff did not seek recovery for the death of her unborn child.

Also testifying via an evidence deposition, Dr. Kevin Kirby, plaintiffs physician, stated plaintiff did not complain of lower back pain in the emergency room, but did complain of neck pain. Dr. Kirby testified plaintiff had spasms and tenderness in her neck; however, the cervical X ray did not show any fractures and there was no significant tissue swelling. He stated an acute fracture from the accident would have caused plaintiff significant pain on examination.

After being released from the hospital, plaintiff remained in bed for two days. She stated she could hardly move her neck, her head ached, her lower back was sore, and she could not move without pain. She was uncertain whether she told Dr. Kirby about the sharp pain in her lower back; however, he did not recall any complaints regarding her lower back.

Plaintiff continued to see Dr. Kirby for her injuries and fetal demise through March 1995. During their last appointment, Dr. Kirby told plaintiff to expect slow improvement over the next six to eight weeks and to check back if she had further problems. Plaintiff never returned to see Dr. Kirby.

Shortly after her last visit with Dr. Kirby, plaintiff began treatment with Dr. Sreemannarayana Prathipati, a rehabilitation doctor. In his evidence deposition, Dr. Prathipati stated plaintiff complained of neck and shoulder pain, a choking sensation in her throat, lower back pain radiating through her legs, tingling in her right arm, and a sensation in her hands and lower extremities as if they were asleep. His examination revealed weakness in both hands, a limited range of motion in her neck, and tenderness in her neck, back, and lumbar areas.

An electromyogram test (EMG) revealed nerve root irritation in her cervical levels C5, C6, and C7 (neck area). Further, X rays revealed a chip fracture at L3 and a compression fracture at T12-L1 (lower back area). Dr. Prathipati could not tell how old those fractures were, other than to say they were more than six weeks old. He stated plaintiffs fractures would have caused immediate pain. Dr. Prathipati ordered an magnetic resonance imaging test (MRI) of plaintiffs cervical and lumbar spine, which may reveal a nerve injury if there is sufficient swelling. Plaintiffs MRI did not uncover any injuries.

Plaintiff testified she told Dr. Prathipati about the January 1993 automobile accident during her first visit with him; however, Dr. Prathipati denied knowing about that accident. The only accident he was aware of was the January 1995 accident.

Based on this history, he concluded her fractures were the result of the 1995 accident. Dr. Prathipati stated he wanted to know about plaintiffs complete history before diagnosing the cause of her injury. However, he relied solely on plaintiffs account of the 1995 accident in reaching his conclusion.

In April 1995, Dr. Prathipati referred plaintiff to Dr. Rajeswaren. Dr. Rajeswaren, again testifying via an evidence deposition, stated plaintiff complained of stabbing pain at the base of her neck, tightness in the sides of her neck, numbness and tingling in her hands, lower back pain, and headaches. After conducting a physical examination, Dr. Rajeswaren diagnosed her with cervical and lumbar strain and recurrent headaches. He did not find clinical evidence of a pinched nerve or spinal cord injury. He asked plaintiff to return after Dr. Prathipati received the results from her MRI; however, she never returned.

In April 1996, Dr. Prathipati referred plaintiff to Dr. Richard Rak, a neurological surgeon. In his evidence deposition, Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Obszanski v. Foster Wheeler Construction, Inc.
765 N.E.2d 1193 (Appellate Court of Illinois, 2002)
Caliban v. Patel
750 N.E.2d 734 (Appellate Court of Illinois, 2001)
Voykin v. Estate of DeBoer
733 N.E.2d 1275 (Illinois Supreme Court, 2000)
Vojas v. K Mart Corp.
727 N.E.2d 397 (Appellate Court of Illinois, 2000)
Voykin v. Estate of DeBoer
Appellate Court of Illinois, 1999
Lagestee v. Days Inn Management Co.
Appellate Court of Illinois, 1999

Cite This Page — Counsel Stack

Bluebook (online)
700 N.E.2d 1113, 299 Ill. App. 3d 297, 233 Ill. Dec. 405, 1998 Ill. App. LEXIS 652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-wilson-illappct-1998.