Faleti v. Tracy

600 N.E.2d 39, 233 Ill. App. 3d 1025, 175 Ill. Dec. 416, 1992 Ill. App. LEXIS 1267
CourtAppellate Court of Illinois
DecidedAugust 11, 1992
DocketNo. 1—91—0390
StatusPublished
Cited by3 cases

This text of 600 N.E.2d 39 (Faleti v. Tracy) 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
Faleti v. Tracy, 600 N.E.2d 39, 233 Ill. App. 3d 1025, 175 Ill. Dec. 416, 1992 Ill. App. LEXIS 1267 (Ill. Ct. App. 1992).

Opinion

JUSTICE McCORMICK

delivered the opinion of the court:

Plaintiffs sued to recover damages for injuries they sustained in an automobile accident. The court entered a directed verdict against defendant on the issue of liability. The jury rendered a damage award to each plaintiff in an amount less than their special damages. Plaintiffs filed a motion for a new trial on the issue of damages. The trial court denied the motion. This appeal followed. Plaintiffs represent that the jury’s verdicts of less than the proven special damages should result in a new trial. We find that the trial court improperly denied plaintiffs’ motion for a new trial in that the jury’s verdicts were less than the proven and undisputed damages of plaintiffs.

On December 15, 1984, plaintiffs Cheryl Thomas and Evelyn Jones were passengers in an automobile driven by plaintiff Lynn Faleti. The automobile was struck by a truck operated by defendant Daniel Tracy.

Dr. Haresh Muni testified that he treated all of the plaintiffs after the accident. He did not treat them prior to the accident and had not treated them since they were released from the hospital. Dr. Muni also testified to the nature and extent of Faleti’s and Thomas’ injuries. He stated that plaintiffs’ tests and physical therapy could have been performed on an outpatient basis.

Dr. Jarosian Slusarenko, a chiropractor, testified that he treated all three plaintiffs and that he had not seen them since 1985.

Dr. David Wiechers testified as a medical expert for defendant. He stated that the hospitalization of plaintiffs was unnecessary because the treatment they received in the hospital could have been provided on an outpatient basis.

At trial, Faleti testified that she was treated in the emergency room at Resurrection Hospital and followed up with a visit to Dr. Slusarenko. He referred her to Dr. Muni, who admitted her to Thorek Hospital on December 18, 1984. Faleti testified that she was given various tests and therapy and that she was also treated by Dr. Jagan Mohan. Dr. Muni discharged Faleti on December 22, 1984, and advised her to continue therapy. Faleti also testified that she worked for the United States Postal Service. She missed two weeks of work due to her injuries and lost $1,200 in wages.

Faleti presented evidence supporting the following costs at trial:

(1) Emergency room — Resurrection Hospital $ 57.00
(2) Inpatient — Thorek Hospital $2,842.22
(3) Dr. Muni — Treatment $ 250.00
(4) Dr. Mohan — Neurologist $ 75.00
(5) Neurological testing $ 405.00
(6) Dr. Slusarenko — Chiropractor $ 775.00
Total Medical Damages $4,404.22
(7) Lost Wages $1,242.00

The jury returned a verdict in favor of Lynn Faleti as follows:

(1) Pain and suffering: $ 300.00
(2) Medical: $1,032.75
(3) Lost wages: $ 900.00
Total: $2,232.75

Evelyn Jones testified that she was taken to Resurrection Hospital for emergency treatment. Dr. Slusarenko provided follow-up care. Jones was admitted into Thorek Hospital and given tests. Dr. Slusarenko continued to treat Jones after her discharge.

Jones moved into evidence the following medical bills:

(1) Emergency room — Resurrection Hospital $ 171.75
(2) Inpatient — Thorek Hospital $4,171.22
(3) Dr. Mohan $ 447.56
(4) Dr. Slusarenko $1,090.00
Total Medical Damages $5,880.53
The jury returned a verdict in favor of Evelyn Jones as follows:
(1) Pain and suffering: $ 550.00
(2) Medical: $1,415.00
Total: $1,965.00

Cheryl Thomas testified that she was taken to Resurrection Hospital for emergency treatment. A couple of days later, she consulted with Dr. Slusarenko, who advised her to go to the hospital for medical treatment. Thomas also testified that she was admitted into Forkosh Hospital, where X rays were taken. She was provided therapy and given medicine for pain. She remained in the hospital for four days. After Thomas’ discharge, Dr. Slusarenko treated her for three weeks. Thomas testified that she worked at the Bedford Park Post Office. She missed three weeks of work and lost wages totaling $1,436.10. Dr. Slusarenko released Thomas to return to work on January 7, 1985. Her doctor advised her to take a couple of days off work in March.

Thomas moved into evidence the following medical bills:

(1) Emergency — Resurrection Hospital $ 158.00
(2) Diagnostic Radiology
(3) Dr. Muni
(4) Dr. Slusarenko
(5) Forkosh Hospital
(6) Lakeview Radiology Total Medical Damages
$ 23.00
$ 310.00
$ 975.00
$1,483.20
$ 67.50
$3,016.70

The jury returned a verdict lows: in favor of Cheryl Thomas as fol-

(1) Pain and suffering:
(2) Medical:
(3) Lost wages:
Total:
$ 300.00
$1,116.00
$ 609.00
$2,125.00

On appeal, plaintiffs contend that the trial court erred in denying their motion for a new trial on the issue of damages. Plaintiffs claim that a new trial should have been granted, arguing that the award was inadequate because it was less than the amount proved by uncontradicted testimony, citing to Blevins v. Inland Steel Co. (1989), 180 Ill. App. 3d 286, 535 N.E.2d 992, and Giardino v. Fierke (1987), 160 Ill. App. 3d 648, 513 N.E.2d 1168. In Giardino, plaintiff offered undisputed evidence of her medical expenses, but the jury returned an award for an amount less than the amount proven.

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Cite This Page — Counsel Stack

Bluebook (online)
600 N.E.2d 39, 233 Ill. App. 3d 1025, 175 Ill. Dec. 416, 1992 Ill. App. LEXIS 1267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/faleti-v-tracy-illappct-1992.