Blevins v. Inland Steel Co.

535 N.E.2d 972, 180 Ill. App. 3d 286, 129 Ill. Dec. 207, 1989 Ill. App. LEXIS 221
CourtAppellate Court of Illinois
DecidedFebruary 23, 1989
Docket1-88-0175
StatusPublished
Cited by17 cases

This text of 535 N.E.2d 972 (Blevins v. Inland Steel Co.) 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
Blevins v. Inland Steel Co., 535 N.E.2d 972, 180 Ill. App. 3d 286, 129 Ill. Dec. 207, 1989 Ill. App. LEXIS 221 (Ill. Ct. App. 1989).

Opinion

JUSTICE LINN

delivered the opinion of the court:

Plaintiff, James Blevins, brought an action for damages against Inland Steel Company for injuries he sustained on Inland Steel’s property when he stepped into a large pothole. After trial, the jury returned a verdict in his favor for $15,555, specifically finding that Blevins was not negligent with respect to his injury. He appeals on the ground that the jury’s verdict was manifestly inadequate in that it was for a lesser sum than that established by his medical expenses and lost wages. Inland Steel cross-appeals, arguing that its motion for directed verdict should have been granted because Blevins failed to present a prima facie case of liability.

We reverse in part and remand for a new trial on damages.

Background

On November 15, 1980, Blevins was working the 4 p.m. to midnight shift at the Harbor Works Plant in East Chicago, Indiana. The plant is owned, operated, and maintained by Inland Steel. Blevins was an ironworker employed by Furnco Construction Company, which was hired as an independent contractor to perform repairs at the plant. Inland Steel had designated a parking lot to be used by the Furnco employees, and it was in this designated lot that Blevins was injured. Blevins knew that the parking lot contained many potholes because he had navigated them during the several days that he had been working on the job.

A company bus transported the employees from the parking lot to the jobsite and returned them to the lot after their shifts. On the night of November 15, 1980, Blevins boarded the bus at the jobsite, at approximately midnight, and was returned to the parking lot. When the bus stopped, Blevins went down the steps and stepped off the bus into a hole that was at least three feet wide and six inches deep. It was wider than the bus door.

When he stepped into the hole with his left foot, he twisted his knee and heard something pop. He felt pain but went home. His knee swelled during the night, and he went to an emergency room, where he was X-rayed and given a brace to wear. The following morning he attempted to work but could not. He consulted an orthopedic surgeon, who aspirated the knee and drew out bloody fluid, which indicated that something in the knee was torn.

On November 19, 1980, Blevins underwent surgery. The knee joint was opened up and repairs were made to his ruptured anterior cruciate ligament and the medial collateral ligament. For seven weeks thereafter Blevins wore a long leg cast, which was then converted to a knee-hinge cast. After 9 or 10 weeks with the hinged cast, Blevins received a knee brace with a hinge to replace the cast.

Approximately two months after his injury, Blevins could not straighten or bend his knee. He took 36 physical therapy treatments over a 21/2-month period, after which he continued therapy at home for a year and one half.

According to the surgeon’s trial testimony, Blevins sustained permanent damage, a residual instability and traumatic degenerative joint disease. Blevins was taking pain medication and continued to wear a brace for one year after the occurrence. He also experienced swelling of his knee, which resulted in a second aspiration.

For a six-to-eight-month convalescent period, Blevins was unable to work, run, jump, or climb a ladder. On July 1, 1981, he returned to light duty work. Blevins testified at trial that his knee was numb and that he was unable to engage in the same activities with his children as he had before his injury.

On the issue of damages, Blevins produced evidence of medical expenses totalling $4,886.50. He was a 35-year-old man who had been an ironworker for 15 years. Because of the injury, Blevins was unable to work for eight months. The hourly rate for an ironworker was $16.67 per hour. The calculation of damages for the 32 weeks, at 40 hours per week, was $21,337. Blevins testified that he had had jobs in which he worked 12 hours a day, 7 days per week, including holidays. Overtime would be charged at time-and-a-half on Saturdays, and double time on Sundays and holidays. However, Fumco’s job at the Inland Steel plant was completed the day after Blevins’ injury.

Defendant presented one witness, an electrical maintenance foreman for Inland Steel. He testified as to the number of lights in the parking lot, six light poles with two sodium vapor lights each. He had no personal knowledge, however, as to how much light was available on the night in question.

The jurors deliberated for several hours before returning a verdict in favor of Blevins in the amount of $15,550. In response to a special interrogatory, they found that Blevins did not negligently contribute to his injuries.

Opinion

Blevins contends that the jury’s award was palpably inadequate because it bears no reasonable relationship to the proofs. His major elements of damage were medical expenses ($4,886.50), lost wages ($21,337.00), and pain and suffering, including the permanent effects of the injury. The medical expenses and lost wages alone total $26,223.50.

In support of his position, Blevins cites numerous authorities which reversed jury’s awards as inadequate. E.g., Hollis v. R. Latoria Construction, Inc. (1985), 108 Ill. 2d 401, 485 N.E.2d 4 ($30,000 inadequate where lost wages totalled $24,000 and remaining $6,000 was insufficient to compensate for permanent disability, pain and suffering, and loss of future wages); Giardino v. Fierke (1987), 160 Ill. App. 3d 648, 513 N.E.2d 1168 ($4,200 award inadequate where uncontroverted medical expenses totalled $4,308.17 and court found that jury could not have considered all elements of damage); Gall v. Metropolitan Sanitary District (1982), 109 Ill. App. 3d 502, 440 N.E.2d 973 ($25,000 award inadequate where uncontested medical expenses were $11,577 and lost wages were $8,602, because this left only $5,000 for pain and suffering and permanent disability); see also First National Bank v. Szwankowski (1969), 109 Ill. App. 2d 268, 275-76, 248 N.E.2d 517, 521 (“We are unable to imagine the misadventure the issue of damages suffered during the deliberations of the jury. The verdict does not even satisfy the uncontradicted elements of damages relating to medical expenses and lost wages”).

Inland Steel does not directly challenge these cases, but instead views the verdict as reflecting a compromise on the issue of liability and damages. A compromise verdict would preclude a retrial limited to the issue of damages. (Kelty v. Wiseman Construction Co. (1976), 38 Ill. App. 3d 808, 813, 349 N.E.2d 108

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Cite This Page — Counsel Stack

Bluebook (online)
535 N.E.2d 972, 180 Ill. App. 3d 286, 129 Ill. Dec. 207, 1989 Ill. App. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blevins-v-inland-steel-co-illappct-1989.