Bledsoe v. Amiel

372 N.E.2d 1033, 57 Ill. App. 3d 54, 14 Ill. Dec. 754, 1978 Ill. App. LEXIS 2086
Appellate Court of Illinois·Decided January 25, 1978·No. 76-1218·Published·Cited by 9 cases

Opinion

Mr. PRESIDING JUSTICE JIGANTI

delivered the opinion of the court:

This appeal by the plaintiff, Eugene Bledsoe, questions the adequacy of damages awarded to him by a jury for injuries he sustained in a motor vehicle collision. Bledsoe claims that the verdict of *264, an amount precisely equal to the cost of his medical treatment, does not provide for all proper elements of damages, disregarding the lost wages, disability and pain and suffering which he proved at trial.

The collision occurred on December 16, 1973, in an alleyway. A car driven by the defendant, Barry Amiel, struck the left front bumper of the United States postal truck in which Bledsoe, a 25-year-old mailman, was seated. There was little or no damage to the truck. At trial the plaintiff’s testimony supplied all the actual evidence relating to the damage issue. Bledsoe stated that the impact injured his knee and back, giving him pain and forcing him, 13 days after the accident, to stop work for three weeks. During the 13 days immediately subsequent to the collision, however, he continued his regular employment, including additional overtime hours. Bledsoe testified the injury prevented him from continuing a second job as a laundry deliveryman. He claimed he no longer could effectively participate in sports or work as he once did because of pain; the injury left him so weak that he required assistance at work to lift packages, a routine part of his job. After having difficulties at work, and upon the suggestion of his supervisor, he visited a physician; he went for 15 treatments of the injuries, receiving pills, shots, X rays and a type of “machine” therapy. He testified that his knee has improved but that he still has pain in his back. The only tangible evidence he introduced to corroborate his testimony consisted of the doctor’s bill in the amount of $264 and his answers to the defendant’s pretrial interrogatories regarding the length of his absence from work.

The defendant and a police officer who wrote the accident report were the only other witnesses at trial. The police officer testified that during his investigation, on the day of the occurrence, he asked whether anyone was injured by the accident; no one, according to the officer, reported injury. The defendant also testified that, at the accident, Bledsoe failed to complain to him of any injury or pain. The plaintiff claims that his testimony remains uncontroverted by impeachment or independent evidence, and, therefore, the verdict, equivalent to his medical expenses, is palpably inadequate and against the manifest weight of the evidence. The award, an exact reflection of the doctor’s bill, means that the jury failed to consider all elements of damages. The plaintiff asks that a new trial be granted on the issue of damages only.

When the damage issue is distinct from the question of liability, a court can set aside an inadequate verdict and order a new hearing to be held to consider the amount of damages alone. (Paul Harris Furniture Co. v. Morse (1956), 10 Ill. 2d 28, 139 N.E.2d 275.) Here, the sole question is the sufficiency of damages: the plaintiff presents no contentions of trial court error, no claims of improper rejection or admission of evidence, no complaints against any of the jury instructions given by the judge and no assertions that the verdict resulted from passion or prejudice on the part of the jury. In such instances, a review court must exercise extreme caution in overturning a jury determination. (See Haleem v. Onate (1966), 71 Ill. App. 2d 457, 219 N.E.2d 94; Zielinski v. Goldblatt Bros., Inc. (1969), 110 Ill. App. 2d 248, 249 N.E.2d 245.) The assessment of a monetary award for personal injuries is a factual problem to be decided by a jury; such a decision can be disturbed only when a verdict is grossly and wholly inadequate. Browder v. Beckman (1934), 275 Ill. App. 193; Giddings v. Wyman (1961), 32 Ill. App. 2d 220, 177 N.E.2d 641; Davis v. Yellow Cab Co. (1971), 133 Ill. App. 2d 190, 273 N.E.2d 35.

In this case, the plaintiff’s damage claims rest entirely upon a subjective analysis: his characterization of the physical injuries suffered, his depiction of the medical treatment undergone, his explanations of the difficulty encountered at work and in leisure-time, his description of lost wages and their cause. Only minimal objective evidence — a doctor’s bill — buttresses his account. The plaintiff introduced no testimony or report from any medical authority regarding the nature and severity of the injuries, and he gave no information which would indicate the necessity of 15 visits to the doctor. Further, no fellow employee reported upon the work situation, no work records were submitted to verify the length and reason for the work time lost, and no associate attested to incidents of Bledsoe’s disability or pain.

In instructing the jury the trial court listed the elements of damage that the plaintiff had the burden of proving, advising the jury that they were responsible for determining whether or not each of these elements had been sustained. Further, the judge charged the jury to measure the evidence against their own personal observations and experience, and that they alone evaluate the credibility of witnesses and the weight given to testimony.

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Bledsoe v. Amiel, 372 N.E.2d 1033, 57 Ill. App. 3d 54, 14 Ill. Dec. 754, 1978 Ill. App. LEXIS 2086 (Ill. Ct. App. 1978).

372 N.E.2d 1033 (Bledsoe v. Amiel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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