Harris Trust & Savings Bank v. Otis Elevator Co.

696 N.E.2d 697, 297 Ill. App. 3d 383, 231 Ill. Dec. 401
CourtAppellate Court of Illinois
DecidedMay 22, 1998
Docket1-96-3361
StatusPublished
Cited by39 cases

This text of 696 N.E.2d 697 (Harris Trust & Savings Bank v. Otis Elevator 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
Harris Trust & Savings Bank v. Otis Elevator Co., 696 N.E.2d 697, 297 Ill. App. 3d 383, 231 Ill. Dec. 401 (Ill. Ct. App. 1998).

Opinion

PRESIDING JUSTICE HOFFMAN

delivered the opinion of the court:

The plaintiffs, Harris Trust & Savings Bank, as guardian of the estate of Michael Clark, a disabled person, and Mary Clark and Debbie Dunn, as co-guardians of the person of Michael Clark, appeal from a directed verdict entered in favor of the defendant, Otis Elevator Company (Otis). The plaintiffs maintained this negligence action on behalf of Clark to recover damages for injuries he sustained in an elevator serviced by Otis. The plaintiffs also appeal from the trial court’s denial of their petition for sanctions against Otis and its attorneys for violation of Supreme Court Rule 137 (134 Ill. 2d R. 137). Otis has cross-appealed from the trial court’s denial of its petition for sanctions against the plaintiffs and their attorneys for violation of Supreme Court Rules 137 and 219 (134 Ill. 2d Rs. 137, 219).

An understanding of the issues presented by this appeal requires that we first recount the procedural history of the case. This action was commenced by Michael Clark on February 19, 1987, with the filing of his complaint against Otis, D.S. Associates, and others, seeking recovery for injuries he sustained on December 4, 1986. On January 7, 1993, Clark was declared a disabled person, and Mary Clark and Debbie Dunn were appointed co-guardians of his estate and person. Thereafter, the co-guardians were substituted as the plaintiffs in this action and filed an amended complaint on Clark’s behalf. As a consequence of Clark having been adjudicated a disabled person', the co-guardians filed a motion asserting the applicability of the Dead-Man’s Act (735 ILCS 5/8 — 201 (West 1992)). When that motion was heard, the parties argued the issue of whether Clark was competent to testify at trial. Relying solely upon transcripts of the testimony given at Clark’s adjudication hearing and the affidavits and reports filed in that proceeding, the court ruled that Clark was incompetent to testify. Thereafter, the case was tried before a jury resulting in a verdict in Clark’s favor. The jury awarded Clark $978,600 in damages after deducting 16% for his contributory fault. In response to Otis’s post-trial motion, the trial judge: granted a remittitur of $16,278, reducing the verdict to $962,322; applied a $500,000 setoff resulting from Clark’s settlement with D.S. Associates; and entered a net judgment in favor of Clark and against Otis in the sum of $462,322. Otis appealed. “Because the trial judge failed to independently, consider whether the plaintiff [Clark] was competent to testify,” we reversed the judgment entered against Otis and remanded the case “for a new trial.” Clark v. Otis Elevator Co., 274 Ill. App. 3d 253, 258, 653 N.E.2d 771 (1995) (hereinafter Clark I). The co-guardians filed a petition for rehearing, asserting, among other things, that this court should have addressed the other points raised by Otis on appeal because, if the verdict could be otherwise sustained and if, upon remand, Clark was again found to be incompetent to testify, there would be no need for a new trial. We denied the petition for rehearing on August 15, 1995. Thereafter, the co-guardians filed a petition for leave to appeal to the supreme court, which was denied on December 6, 1995 (164 Ill. 2d 559, 660 N.E.2d 1266 (1995)).

On remand, the plaintiffs filed a sixth amended complaint on Clark’s behalf against Otis and contemporaneously moved the court to declare Clark incompetent to testify at trial. The court conducted a hearing to determine Clark’s competency and determined that he was incompetent to testify. The plaintiffs thereupon moved the court to reinstate the prior jury verdict. The trial judge denied the motion, and the retrial of the cause commenced before a jury. At the close of the plaintiffs’ case, the trial judge directed a verdict in favor of Otis. Following the entry of the directed verdict, Otis moved for sanctions against the plaintiffs and their attorneys for violation of Supreme Court Rules 137 and 219, and the plaintiffs moved for sanctions against Otis and its attorneys alleging violations of Supreme Court Rule 137. The court denied both motions, and this appeal followed.

We will first address the plaintiffs’ argument that the trial court erred in denying their motion to reinstate the original judgment entered in favor of Clark when, on remand, Clark was again found incompetent to testify.

When a judgment of the circuit court is reversed and the cause is remanded by this court with specific directions as to the action to be taken, it is the duty of the trial court to follow those directions. People v. National Builders Bank, 12 Ill. 2d 473, 476-77, 147 N.E.2d 42 (1957). Generally, the correctness of a trial court’s action on remand is to be determined from our mandate, as opposed to our opinion. PSL Realty Co. v. Granite Investment Co., 86 Ill. 2d 291, 308, 427 N.E.2d 563 (1981). This proposition, however, is based upon the assumption that the direction contained in our mandate is precise and unambiguous. Muhlke v. Muhlke, 285 Ill. 325, 330, 120 N.E. 770 (1918). The mandate which issued after our opinion in Clark I merely states that the cause was “Reversed and Remanded.” Such language is imprecise and ambiguous in its direction to the trial court, a failing for which we must ultimately accept responsibility. The trial court, faced with the general wording of our mandate, had no choice but to examine our opinion in Clark I to determine the purpose of the remand order. A reading of that opinion reveals that our judgement was clear and unambiguous; we reversed the previous judgment in favor of Clark and remanded the matter “for a new trial.” Clark I, 274 Ill. App. 3d at 258. Based upon the direction contained in our opinion in Clark I, the trial court had little choice but to deny the plaintiffs’ motion to reinstate the original judgment in this case. To the extent that the plaintiffs’ arguments on this issue could be construed as a request that we review and reconsider that portion of our opinion in Clark I which ordered a new trial, we decline the invitation.

A party seeking review of a decision of this court has two avenues for relief. The party may file a petition with this court seeking a rehearing and may petition for leave to appeal to the supreme court. Foster v. Kanuri, 288 Ill. App. 3d 796, 799, 681 N.E.2d 111 (1997). When, as in this case, a party exercises both such options and both petitions are denied, our decision becomes the law of the case and binds the parties and the trial court in any subsequent proceeding on remand. PSL Realty, 86 Ill. 2d at 312; Hamilton v. Williams, 237 Ill. App. 3d 765, 774, 604 N.E.2d 470 (1992). The doctrine of the law of the case also provides that a reviewing court, once having decided an issue, will generally refuse to revisit the matter in any subsequent appeal in the same case. This rule of practice is not a limitation on our power to revisit an issue in circumstances where facts have changed or where we determine that our initial decision was clearly erroneous and would work a manifest injustice. People v. Patterson, 154 Ill. 2d 414, 468-69,

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Bluebook (online)
696 N.E.2d 697, 297 Ill. App. 3d 383, 231 Ill. Dec. 401, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-trust-savings-bank-v-otis-elevator-co-illappct-1998.