City of Peoria Municipal Employees Ass'n v. City of Peoria

577 N.E.2d 819, 217 Ill. App. 3d 550, 160 Ill. Dec. 494, 1991 Ill. App. LEXIS 1443
CourtAppellate Court of Illinois
DecidedAugust 22, 1991
Docket3-90-0830, 3-90-0876 cons.
StatusPublished
Cited by4 cases

This text of 577 N.E.2d 819 (City of Peoria Municipal Employees Ass'n v. City of Peoria) 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
City of Peoria Municipal Employees Ass'n v. City of Peoria, 577 N.E.2d 819, 217 Ill. App. 3d 550, 160 Ill. Dec. 494, 1991 Ill. App. LEXIS 1443 (Ill. Ct. App. 1991).

Opinion

PRESIDING JUSTICE STOUDER

delivered the opinion of the court;

The defendant, the City of Peoria, appeals from a judgment entered in a class action brought by the named plaintiffs, Andy Kalina, Robert Hillier, Gerald Belcher and the City of Peoria Municipal Employees Association. We affirm.

This court has twice before addressed issues raised on appeal in this litigation. (See City of Peoria Municipal Employees Association v. City of Peoria (1989), 182 Ill. App. 3d 407, 537 N.E.2d 1115; City of Peoria Municipal Employees Association v. City of Peoria (1990), 201 Ill. App. 3d 71, 559 N.E.2d 257.) In the instant appeal we are asked to address the propriety of the trial court’s determination on the issue of damages.

This case arises out of a decision by the City of Peoria in 1983 to change from a biweekly payroll system to a semimonthly system beginning in 1984. The plaintiffs brought a class action contending the switchover to the new system resulted in the City failing to pay them for work performed between December 10 and December 31, 1983. The proceedings were to be bifurcated with a jury trial on the issue of liability and a bench trial on the issue of damages.

At the conclusion of the jury trial, the jury returned a “general verdict” in favor of the plaintiffs. The jury also returned answers to special interrogatories. The trial court granted the defendant’s motion for a directed verdict and the plaintiffs appealed. This court reversed and remanded, finding the jury’s verdict that money was owed the plaintiffs was correct. City of Peoria Municipal Employees Association v. City of Peoria (1989), 182 Ill. App. 3d 407, 537 N.E.2d 1115.

On remand, the defendant contended before the trial court that this court’s reversal required the trial court to review the verdict of the jury and enter judgment on the issue of liability. The defendant alleged the jury’s answers to the special interrogatories were inconsistent with the “general verdict.” The trial court rejected this proposition, finding that this court’s opinion held the jury’s verdict that money was owed the plaintiffs was correct.

Following a hearing, where evidence of what was owed the plaintiffs was presented, both parties filed motions for summary judgment. The trial court denied both motions on March 15, 1990. On plaintiffs’ Rule 308 motion (134 Ill. 2d R. 308), the trial court certified the following question to this court: “Whether the Court’s denial of Plaintiffs’ Motion for Summary Judgment and Motion for Reconsideration violated the Appellate Court’s Mandate.”

This court denied the plaintiffs’ application for leave to appeal in a published opinion. (City of Peoria Municipal Employees Association v. City of Peoria (1990), 201 Ill. App. 3d 71, 559 N.E.2d 257.) This court reiterated that the defendant was exposed to liability and clarified we had remanded the cause to the trial court for a hearing to assess damages. However, we recognized the defendant might have certain defenses concerning the total amount owed to the plaintiffs. In light of the defendant’s recurrent arguments reflected in the record, we stated we were confident the trial court would disallow or disregard any defense raised by the defendant which went to the issue of liability and not damages.

On remand an extensive hearing was held before the trial court on the issue of damages. On October 22, 1990, the trial court entered an order finding by a preponderance of the evidence that the defendant owed the plaintiffs for the entire three weeks between December 10 and December 31, 1983. The trial court concluded that with certain adjustments, the defendant owed the plaintiffs $936,285.20 in unpaid wages. In addition to other costs, the trial court awarded the plaintiffs prejudgment interest through October 22, 1990, in the amount of $318,336.85 and post-judgment interest in the amount of $206.24 per day. On November 28, 1990, the trial court entered an order of distribution regarding the funds owed by the defendant. The defendant thereafter filed the instant appeal.

On appeal, the defendant contends the trial court erred in not entering judgment for the defendant based on the jury’s answers to the special interrogatories. The defendant asserts that when this court reversed the directed verdict in favor of the defendant, this left the case without any judgment based on the jury’s verdict and answer to interrogatories. The defendant argues the issue of the inconsistency of the jury’s answers has never been addressed, and “the issue of liability has never been determined.” We find this argument, made at this stage of the proceedings and in light of our previous two opinions in this case, to say the least, to be completely specious and without merit. This is simply an attempt to relitigate an issue — liability—long since decided. We revisit the issue at some length solely to put the matter finally to an end.

In pertinent part the jury returned the following verdict: “We, the Jury, find that there is due and owing by the Defendant to the Plaintiffs wages for work Plaintiffs performed during 1983.” In response to special interrogatories, the jury responded:

1. “Do you find that in 1983 the Plaintiffs were salaried employees of the City of Peoria?” “Yes.”

2. “Do you find that the compensation to which the Plaintiffs were entitled in 1983 was their annual salary?” “Yes.”

3. “Do you find that the City paid the Plaintiffs their annual salary in 1983?” “Yes.”

4. “Do you find that the City paid the Plaintiffs the compensation to which they were entitled in 1983?” “No.”

The defendant maintains there is an inconsistency between the jury’s “general verdict” and its answers to the special interrogatories, particularly interrogatory No. 3. The defendant asserts it is entitled to judgment based on this inconsistency. (See Ill. Rev. Stat. 1989, ch. 110, par. 2 — 1108.) The defendant maintains this issue has never been addressed.

The record shows the defendant has raised this issue repeatedly throughout the course of this litigation beginning with an extensive memorandum requesting entry of judgment filed soon after the jury entered its verdict. Following consideration of the parties’ arguments, the trial court held the defendant was entitled to either a directed verdict or judgment notwithstanding the verdict. The trial court stated it would allow the defendant to draft the order, based on either ground, and that the trial court would make a final determination thereafter. The trial court indicated it did not believe the findings of the jury were inconsistent. The order entered June 16, 1988, granted the defendant's motion for a directed verdict. The order contained the following paragraph:

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Bluebook (online)
577 N.E.2d 819, 217 Ill. App. 3d 550, 160 Ill. Dec. 494, 1991 Ill. App. LEXIS 1443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-peoria-municipal-employees-assn-v-city-of-peoria-illappct-1991.