Baird v. Chicago, Burlington & Quincy Railroad

349 N.E.2d 413, 63 Ill. 2d 463, 1976 Ill. LEXIS 335
CourtIllinois Supreme Court
DecidedMay 14, 1976
Docket48037
StatusPublished
Cited by51 cases

This text of 349 N.E.2d 413 (Baird v. Chicago, Burlington & Quincy Railroad) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baird v. Chicago, Burlington & Quincy Railroad, 349 N.E.2d 413, 63 Ill. 2d 463, 1976 Ill. LEXIS 335 (Ill. 1976).

Opinions

MR. JUSTICE GOLDENHERSH

delivered the opinion of the court:

The circuit court of Sangamon County entered judgments upon jury verdicts in the amount of $100,000 each in favor of plaintiffs, James Baird, administrator of the estate of Debra Lynn Baird, deceased, and John E. Massich, administrator of the estate of Michael E. Massich, deceased, and against the defendant, Chicago, Burlington and Quincy Railroad Company, now Burlington Northern. The decedents were killed as the result of a collision between a motorcycle operated by Michael, with Debra as his passenger, and defendant’s train. Defendant appealed and the appellate court reversed and remanded the causes for a new trial on damages only. (11 Ill. App. 3d 264.) Upon retrial the jury returned verdicts in favor of each plaintiff in the amount of $188,000. The circuit court entered judgment on the verdicts, defendant appealed, the appellate court affirmed (32 Ill. App. 3d 1), and we allowed defendant’s petition for leave to appeal.

The facts are adequately stated in the appellate court opinions and need not be repeated here. The record shows that the decedents, Debra Lynn Baird, age 17, and Michael E. Massich, age 19, were healthy, well adjusted, intelligent young people who attended church regularly and who enjoyed excellent relationships with their parents. Debra Lynn was a high school junior who intended to become a special education teacher. Michael had been a straight “A” student and valedictorian of his high school class. Prior to his death he had completed a year in the chemistry and engineering curriculum at the University of Illinois and had worked and partially supported himself. Debra was survived by her parents, both of whom were 41 years of age at the time of her death. Michael left surviving his father, who at the time of his death was 49 years of age.

Defendant contends that the testimony of an economist called by plaintiffs was erroneously admitted into evidence for the reason that “The Rule of Law in Illinois requiring discount of future loss to present value was totally ignored in [his] testimony” and “because it projected income over the entire lifetime of the decedents rather than over the lesser life expectancy of the next of kin” and “because it failed to reduce gross annual salary projections by the amounts decedents would have to spend before they were in a position to contribute to their next of kin.” Defendant contends, too, that instructions tendered by plaintiffs were erroneously given and that instructions tendered by defendant were erroneously refused. These errors, defendant contends, resulted in verdicts so excessive as to require reversal.

The witness of whose testimony defendant complains was Dr. Leo Cohen, who was on leave from his position as professor of economics and director of the Center for Urban and Environmental Research at Southern Illinois University at Edwardsville. At the time of trial he was serving as chief of the office of financial affairs for the Department of Local Government Affairs for the State of Illinois.

Dr. Cohen, utilizing life expectancy and work life expectancy tables, and statistics described as “United States Census of Population Detail Characteristics 1970,” expressed the opinion that a male of the age and educational background of the decedent, Michael E. Massich, had a work life expectancy of 41.8 years and could expect an average annual salary of $9,851 per year with lifetime earnings of $411,802. Concerning a female of Debra Lynn’s age and educational background, and utilizing 1969 income levels, he projected a work life expectancy of 41.3 years, at an average of $3,995 per year, for a lifetime total of $165,012. The average earnings for a male entering the labor force at age 21 with 1 to 3 years of college would be $10,267 per year with a lifetime total of $429,140. A female high school graduate entering the labor force at age 20 could expect earnings totaling $174,087.

In response to a question by plaintiff’s counsel Dr. Cohen said “*** we’re not going to wait, as the circumstances clearly reflect, for someone to earn these dollars each year for the next forty years. We are going to try to have to ascertain what those earnings would have been, then discount them, or bring them back to the present and say what they would be worth now, if there was going to be a cash or a lump sum payment.

“My research clearly indicates that invariably, year in and year out, wages have been growing at a faster rate than whatever the discount or interest rates have been. There has consistently been about a two per cent differential. What I’m really saying is this. That if wages have been growing by about five per cent, interest rates have been about three per cent. If wages have been growing at about seven per cent, then discount rates have typically been about five per cent.

“So, I took what I believe is a very conservative — uh — I made a very conservative assumption, and assumed that whatever wages were going to be growing at, whatever that rate was, it was going to be completely offset by the interest rate. In other words, trying to make it as simple as possible, what I’m saying is that I’m assuming that the interest and discount rate and growth rate and wages or income are identical.”

Asked whether there were any “personal consumption figures” for “a person who enters the labor force,” Dr. Cohen replied, “Not in terms of what you’re getting at. We have what we call average budget figures that reflect standard, modest, high-level budgets in terms of average amounts spent, in terms of ideal situations, but not in terms of bringing the population in in any reasonable way to show what the average person does. There are only reflections of what would be needed to maintain certain levels in terms of one standard of living.”

On cross-examination Dr. Cohen was interrogated extensively concerning, and gave examples of, his method of computation. He was also asked about the life expectancies of the surviving parents of the decedents, the income tax applicable to the decedents’ projected earnings, the proportion of their projected incomes which would be disbursed for personal consumption, and the proportion available for savings. The motif of the cross-examination was that 5% or less of the decedents’ earnings would be available for savings and that the pecuniary loss suffered by their surviving parents was the present value, not of the projected earnings of the decedents, but of such sums as the parents could expect to receive from the decedents’ savings, computed on the basis of the life expectancy of the parents, rather than the decedents.

Edward Mullen, a professional actuary with 40 years of experience in various positions in government and private industry testified for defendant. At the time of trial he was vice-president of A.S. Hanson and Company, a firm which provided actuarial service for approximately 50 clients in the insurance industry. Utilizing census information concerning marital status of the population, and tables published in the 1972 Statistical Abstract of the United States, he projected income and “personal consumption expenditures” for both decedents. He testified concerning the present value of the decedent’s projected earnings and explained exhibits which he had prepared.

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Bluebook (online)
349 N.E.2d 413, 63 Ill. 2d 463, 1976 Ill. LEXIS 335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baird-v-chicago-burlington-quincy-railroad-ill-1976.