Hefner v. Owens-Corning Fiberglas Corp.

688 N.E.2d 822, 293 Ill. App. 3d 396, 228 Ill. Dec. 124, 1997 Ill. App. LEXIS 854
CourtAppellate Court of Illinois
DecidedDecember 11, 1997
DocketNo. 5—96—0580
StatusPublished

This text of 688 N.E.2d 822 (Hefner v. Owens-Corning Fiberglas Corp.) 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
Hefner v. Owens-Corning Fiberglas Corp., 688 N.E.2d 822, 293 Ill. App. 3d 396, 228 Ill. Dec. 124, 1997 Ill. App. LEXIS 854 (Ill. Ct. App. 1997).

Opinion

PRESIDING JUSTICE WELCH

delivered the opinion of the court:

Plaintiff Clarence Hefner brought suit against defendants Owens-Corning Fiberglas Corporation (OCF) and M.H. Detrick, Inc., to recover damages for personal injury resulting from plaintiff’s occupational exposure to asbestos-containing products. Following trial, the jury returned verdicts in favor of plaintiff and against OCF and against plaintiff and in favor of defendant M.H. Detrick, Inc., which is not a party to this appeal. After Clarence Hefner’s death, Scott Hefner was substituted as plaintiff. OCF appeals from the entry of judgment and award of prejudgment interest.

OCF raises the following issues: (1) whether the trial court erred as a matter of law in failing to grant a mistrial based on its loss of jurisdiction; (2) whether the trial court erred as a matter of law in denying OCF’s motion for a directed verdict and for judgment n.o.v. on plaintiff’s willful-and-wanton/punitive-damages claim; (3) whether the trial court abused its discretion in denying OCF’s motions for a new trial; (4) whether the trial court abused its discretion in denying OCF’s motion for remittitur; and (5) whether the trial court’s award of prejudgment interest violated principles of equity and fairness and must be vacated. OCF also raises numerous related arguments within these five primary issues, which we will address in turn. We will discuss only those facts relevant to the issues raised on appeal.

Plaintiff filed suit against defendants on September 23, 1994. On November 14, 1994, plaintiff moved for an immediate trial setting because of his declining health. Thereafter, on November 16, 1994, OCF filed a motion to dismiss on the grounds of forum non conveniens. On December 9, 1994, the trial court denied OCF’s motion to dismiss on the basis of forum non conveniens and granted plaintiffs motion for immediate trial, setting January 23, 1995, as the trial date.. On January 10, 1995, OCF moved for reconsideration of the forum non conveniens motion. The trial court heard this motion on January 20, 1995, and denied it.

Also on January 20, 1995, OCF filed a motion to stay the trial proceedings pending a determination on its Supreme Court Rule 306 (155 Ill. 2d R. 306) petition for leave to appeal the trial court’s order denying OCF’s motion to reconsider. The trial court denied the motion for stay, OCF filed its petition for leave to appeal pursuant to Rule 306 on January 23, 1995, and the case proceeded to trial beginning on January 23, 1995.

On February 3, 1995, this court entered an order staying the trial proceedings. The record is not clear precisely when on February 3 the stay order was issued. Regardless, the trial court was not aware of the stay order when it was entered by this court. On that day, the jury began deliberations at 2:18 p.m. At approximately 5:30 p.m., the jury returned its verdicts. On February 6, 1995, a copy of this court’s stay order was filed in the trial court.

On March 14, 1995, this court granted OCF’s Rule 306 petition for leave to appeal, and on December 27, 1995, we affirmed the trial court’s order. This court’s mandate issued on May 16, 1996, and on May 20, 1996, the trial court entered judgment on the verdicts and awarded $1,571,174.72 in prejudgment interest.

OCF first argues that the circuit court lost jurisdiction when this court entered a stay at 1:23 p.m. on February 3, 1995, and that when jurisdiction revested in the trial court, the trial court erred in failing to grant defendant’s motion for a mistrial. The decision of whether or not to declare a mistrial rests within the sound discretion of the trial court, and the trial court will not be reversed on appeal unless that decision is a clear abuse of discretion. Bianchi v. Mikhail, 266 Ill. App. 3d 767, 777 (1994).

Initially, we note that while OCF argues that this court entered its stay at a certain time on February 3, 1995, it does not support this claim by citation to the record. OCF’s only citation indicating that the stay was entered at 1:23 p.m. is to its own counsel’s argument at the hearing on posttrial motions. Even assuming that this court entered its stay at 1:23 p.m. on February 3, 1995, OCF’s jurisdictional argument is not meritorious.

At issue is whether the stay issued by this court immediately deprived the trial court of jurisdiction before the jury rendered its verdict, causing a mistrial.

The parties contest whether the stay was granted pursuant to Supreme Court Rule 305 (155 Ill. 2d R. 305) or Rule 306. OCF contends that because the stay was issued pursuant to Rule 306, it automatically and instantaneously deprived the trial court of jurisdiction when it was entered.

Plaintiff counters that the stay could only have been granted under Rule 305 and that a stay is not intended to be effective until notice of it is received by the clerk and counsel.

Rule 305 reads as follows in pertinent part:

"Rule 305. Stay of Judgments Pending Appeal
(b) Other Stays of Enforcements of Judgments and Appeal-able Orders. On notice and motion, and an opportunity for opposing parties to be heard, the court may stay the enforcement of any judgment, or the enforcement, force and effect of interlocutory orders or any other judicial or administrative order. The stay shall be conditioned upon such terms as are just. A bond may be required in any case, and shall be required in money judgments or to protect an appellee’s interest in property.
(d) Stays by the Reviewing Court. Application for a stay ordinarily must be made in the first instance to the trial court. A motion for stay may be made to the reviewing court, or to a judge thereof, but such a motion must show that application to the trial court is not practical, or that the trial court has denied an application or has failed to afford the relief that the applicant has requested, and must be accompanied by suggestions in support of the motion and a supporting record (Rule 328), if the record on appeal has not been filed. If a stay is granted by the reviewing court or a judge thereof, the clerk shall notify the parties and transmit to the clerk of the trial court or administrative agency a certified copy of the order granting the stay.” 155 Ill. 2d R. 305.

Rule 306 reads as follows in pertinent part:

"Rule 306. Appeals From Orders of the Circuit Court Granting New Trials and Granting or Denying Certain Motions (a) Orders Appealable by Petition. A party may petition for leave to appeal to the Appellate Court from the following orders of the trial court:
(2) from an order of the circuit court denying a motion to dismiss on the grounds of forum non conveniens, or from an order of the circuit court allowing or denying a motion to transfer a case to another county within the State on such grounds;
* * *
(f) Stay; Notice of Allowance of Petition. If the petition is granted, the proceedings in the trial court are stayed. Upon good cause shown, the Appellate Court or a judge thereof may require the petitioner to file an appropriate bond.

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Related

Stavros v. Karkomi
329 N.E.2d 563 (Appellate Court of Illinois, 1975)
Killoren v. Racich
632 N.E.2d 621 (Appellate Court of Illinois, 1994)
Bianchi v. Mikhail
640 N.E.2d 1370 (Appellate Court of Illinois, 1994)
Cahokia Sportservice, Inc. v. Illinois Liquor Control Commission
336 N.E.2d 276 (Appellate Court of Illinois, 1975)

Cite This Page — Counsel Stack

Bluebook (online)
688 N.E.2d 822, 293 Ill. App. 3d 396, 228 Ill. Dec. 124, 1997 Ill. App. LEXIS 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hefner-v-owens-corning-fiberglas-corp-illappct-1997.