Hastings v. Gulledge

651 N.E.2d 778, 272 Ill. App. 3d 861, 209 Ill. Dec. 600, 1995 Ill. App. LEXIS 436
CourtAppellate Court of Illinois
DecidedJune 20, 1995
Docket5-93-0834
StatusPublished
Cited by19 cases

This text of 651 N.E.2d 778 (Hastings v. Gulledge) 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
Hastings v. Gulledge, 651 N.E.2d 778, 272 Ill. App. 3d 861, 209 Ill. Dec. 600, 1995 Ill. App. LEXIS 436 (Ill. Ct. App. 1995).

Opinions

JUSTICE LEWIS

delivered the opinion of the court:

Plaintiff appeals from the trial court’s entry of judgment on the jury’s verdict and denial of her post-trial motion for a new trial on damages only. On appeal, plaintiff claims that the trial court erred in (1) denying her motion for a new trial on the issue of damages; (2) in not taking judicial notice of an appellate court case involving different parties; (3) in denying her motion to strike the entire testimony of defendant’s expert witness; and (4) in sustaining defendant’s objection to questions asked of plaintiff’s treating chiropractor. We affirm.

This case arises out of an automobile accident in which plaintiff was a passenger in a car that was struck from behind by a pickup truck driven by defendant. Defendant admitted liability, and the trial court directed a verdict as to liability. The jury returned a verdict for plaintiff and against defendant for a total of $6,457.75. Plaintiff was awarded $5,617.75 for her medical expenses, $340 for lost wages, and $500 for pain and suffering. The jury awarded no damages to plaintiff for disability. Plaintiff claims that she is entitled to a new trial on the issue of damages because "the jury’s verdict was inconsistent [and] inadequate, and the jury ignored proven elements of damages.” We disagree on all three points.

When reviewing a trial court’s decision on a motion for a new trial, we must keep in mind the respective roles of the jury, the trial judge, and the reviewing court. (Maple v. Gustafson (1992), 151 Ill. 2d 445, 603 N.E.2d 508.)

"Unquestionably, it is the province of the jury to resolve conflicts in the evidence, to pass upon the credibility of the witnesses, and to decide what weight should be given to the witnesses’ testimony. [Citation.] A trial court cannot reweigh the evidence and set aside a verdict merely because the jury could have drawn different inferences or conclusions, or because the court feels that other results are more reasonable. [Citations.] Likewise, the appellate court should not usurp the function of the jury and substitute its judgment on questions of fact fairly submitted, tried, and determined from the evidence which did not greatly preponderate either way.” Maple, 151 Ill. 2d at 452-53, 603 N.E.2d at 511-12.

On a motion for a new trial, the court is to weigh the evidence and set aside the verdict and order a new trial only if the verdict is contrary to the manifest weight of the evidence. (Maple, 151 Ill. 2d at 454, 603 N.E.2d at 512.) A verdict is against the manifest weight of the evidence if the opposite conclusion is clearly evident or if the jury findings are unreasonable, arbitrary, and not based upon any of the evidence. (Maple, 151 Ill. 2d at 454, 603 N.E.2d at 512-13.) Each case in which the jury’s award of damages is claimed to be inadequate must be reviewed on its own facts (Usselmann v. Jansen (1994), 257 Ill. App. 3d 978, 629 N.E.2d 193), but, generally, no new trial will be granted in a personal injury action on the grounds of the inadequacy of the damages, particularly where the trial is otherwise error free. Kumorek v. Moyers (1990), 203 Ill. App. 3d 908, 561 N.E.2d 212.

The very nature of personal injury cases makes it impossible to establish a precise formula to determine whether a particular award is excessive or inadequate. (McMahon v. Richard Gorazd, Inc. (1985), 135 Ill. App. 3d 211, 481 N.E.2d 787.) The determination of the adequacy of the verdict is peculiarly within the province of the jury, and great weight is given to the jury’s decision. (McMahon, 135 Ill. App. 3d 211, 481 N.E.2d 787.) When reviewing a question as to the adequacy of damages, the court must consider the record as a whole. Collins v. Straka (1987), 164 Ill. App. 3d 355, 517 N.E.2d 1147.

The trial court’s order denying plaintiffs post-trial motion clearly sets forth the court’s reasons for denying plaintiff a new trial:

"There was contradictory medical evidence concerning the plaintiffs injuries and the results therefrom. There was evidence of a minor impact between the vehicles, with little damage to the vehicles. There was evidence of no complaints, of injury, by the plaintiff immediately following the occurrence. There was evidence of a prior injury, to plaintiff, to the same area of the body complained of, herein. Plaintiffs credibility was attacked and there were discrepancies, or inconsistencies, in her testimony.
*** The jury, obviously, did not believe, in total, the plaintiffs testimony. *** [T]he jury verdict was not against the manifest weight of the evidence, nor did the jury disregard a proven element of damages.”

After reviewing the record in its entirety, we agree with the trial court. The fact that the jury awarded a low amount for pain and suffering is consistent with the fact that the first physician who treated plaintiff, Dr. Kane, released plaintiff on August 29, 1992, just eight days after the accident, without restrictions. The low amount of damages for pain and suffering is also consistent with the evidence presented by defendant, that the impact of the collision was very minor and that plaintiffs physical injury was merely a "sprain or strain” in her neck that would have healed within a few days or weeks.

Additionally, the damages awarded for pain and suffering are consistent with the jury’s award of only part of plaintiffs medical expenses and only a portion of the lost wages she claimed. The record supports defendant’s argument that plaintiffs medical expenses could be considered excessive and unnecessary after October 14,1992, when she was released by her own physician, Dr. Robert Garner, a neurologist, to whom plaintiff was referred by her attorney after plaintiff was released by Dr. Kane. The jury awarded plaintiff $5,617.75, the exact amount of damages suggested by defendant as an amount necessary to compensate plaintiff for all medical expenses through October 14, 1992. The jury’s awards for pain and suffering and medical expenses are not against the manifest weight of the evidence.

Similarly, the award of $340 for plaintiffs lost wages is supported by the manifest weight of the evidence. Plaintiff was working 40 hours a week and making $4.25 an hour at the time of the accident. An award of $340 equals 80 hours of employment at $4.25 per hour. Dr. Kane released plaintiff on August 29, 1992, just eight days after the accident, without restrictions. He did not refer her to any other medical professionals. Therefore, there was sufficient evidence from which the jury could believe that plaintiff was not prevented from working as a result of the accident for more than two weeks or 80 hours.

As to the jury’s verdict on the issue of disability, the trial court found that the award of zero damages for disability was consistent with the rest of the verdict and with the evidence. Again, we agree. The jury heard conflicting evidence as to plaintiffs disability.

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Cite This Page — Counsel Stack

Bluebook (online)
651 N.E.2d 778, 272 Ill. App. 3d 861, 209 Ill. Dec. 600, 1995 Ill. App. LEXIS 436, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hastings-v-gulledge-illappct-1995.