Jager v. Libretti

652 N.E.2d 1120, 273 Ill. App. 3d 960, 210 Ill. Dec. 144
CourtAppellate Court of Illinois
DecidedJune 21, 1995
Docket1-94-0438
StatusPublished
Cited by11 cases

This text of 652 N.E.2d 1120 (Jager v. Libretti) 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
Jager v. Libretti, 652 N.E.2d 1120, 273 Ill. App. 3d 960, 210 Ill. Dec. 144 (Ill. Ct. App. 1995).

Opinion

JUSTICE RIZZI

delivered the opinion of the court:

Gerrit E. Jager, Jr. (Jager), was involved in a rear-end automobile accident with defendant, John Libretti. Jager and his wife, Lisa, filed a two-count complaint against defendant. The first count stated a cause of action for injuries Jager sustained in the accident, and the second count stated a cause of action on behalf of Jager’s wife for loss of consortium. Federal Kemper, the Jagers’ insurer, filed a separate subrogation action against defendant, which was then consolidated with the Jagers’ suit. The case was tried before a jury in the municipal division of the circuit court of Cook County. The jury found for the plaintiffs in the following amounts: for Gerrit Jager, $56,283.57; for Lisa Jager, $2,000; and for Federal Kemper, $6,436.49. The trial court entered judgment on the verdict.

On appeal defendant claims the following: (1) the trial court erred when it refused to allow defendant to cross-examine plaintiff s treating physician regarding emergency room records; (2) the trial court erred when it submitted only two verdict forms, rather than the six separate forms proffered by defendant; (3) the trial court erred when it refused to tender an Illinois Pattern Jury Instruction regarding impeachment by prior inconsistent statements or conduct; (4) the trial court erred when it refused to grant a mistrial when plaintiff s attorney questioned defendant about insurance; and (5) the trial court erred when it entered judgment upon the jury’s verdict which was in excess of plaintiffs ad damnum clause. We find defendant’s arguments to be without merit and affirm the judgment of the trial court.

The facts giving rise to this suit are as follows. On May 6, 1992, Jager’s vehicle was stopped at a railroad crossing when defendant’s car struck Jager’s car from the rear. Jager’s car sustained damage to the rear bumper. Jager was taken to the emergency room at Christ Hospital, where he was examined and released. The next day he returned to work, but later that day left to go to Palos Community Hospital. Plaintiffs treating physician, Dr. Bhoopal, described Jag-er’s injury as "whiplash” and prescribed conservative physical therapy. Jager attended a total of nine sessions of therapy during a three-week period. The total of Jager’s medical bills was $2,700. Jager remained away from work for about six weeks. Count I of the complaint, which stated the cause of action for Jager’s injuries, prayed for damages not to exceed $15,000.

We first address defendant’s argument that the trial court erred when it prevented him from cross-examining Dr. Bhoopal regarding emergency room records and the ambulance report. On direct examination, Dr. Bhoopal testified that he first saw Jager on May 12, 1992, six days after the accident. He further testified that on May 12th he examined Jager and prescribed pain medication for him. According to Dr. Bhoopal, he also prescribed for Jager nine sessions of physical therapy over a three-week period. Lastly, Dr. Bhoopal testified that it was his medical opinion that Jager suffered from "whiplash” due to the automobile accident on May 6, 1992.

On cross-examination, defense counsel tendered a copy of the Christ Hospital medical emergency room records and then began cross-examining Dr. Bhoopal as to their contents. Plaintiff’s counsel made an objection to the cross-examination, which objection the trial court sustained. Defense counsel also sought to cross-examine Dr. Bhoopal with regard to an ambulance report. The trial court, sua sponte, prevented defendant from cross-examining Dr. Bhoopal as to the ambulance report. The emergency room records and the ambulance report show that Jager did not complain of neck discomfort to either the physician who treated him at the Christ Hospital emergency room or to the ambulance technician. Defendant claims that it was error for the trial court to prevent him from cross-examining Dr. Bhoopal concerning these records.

It is plain that if Dr. Bhoopal relied on the Christ Hospital emergency room records or the ambulance report in forming his opinion, defendant could have properly cross-examined Dr. Bhoopal regarding their contents. (See People v. Pasch (1992), 152 Ill. 2d 133, 178, 604 N.E. 2d 294, 312; see also Federal Rules of Evidence 705.) Moreover, a medical expert may be cross-examined as to records which he reviewed but which he did not rely upon. (Piano v. Davison (1987), 157 Ill. App. 3d 649, 671-72, 510 N.E.2d 1066, 1082.) In the present case, defendant argues adamantly that Dr. Bhoopal relied on the emergency room records and the ambulance report to form his opinion. In support of his position that "the doctor unequivocally testified that he personally relied on the contents of the underlying reports in forming his opinions regarding the plaintiff’s injuries, treatment and prognosis,” defendant offers the following testimony on cross-examination of Dr. Bhoopal:

"Q. Doctors such as yourself often rely on emergency room records, correct doctor?
A. That’s correct.
Q. And it’s just common practice to rely on these documents, isn’t it?
A. That’s correct.
Q. And you rely on these documents, again, in determining what type of treatment plan or diagnosis to make in regards to a patient, correct!?]
A. That’s correct.
Q. Doctor, I’m showing you what’s been marked Defendant’s Exhibit Number Two for identification. Could you please tell me what this is a copy of?
A. This is a copy of the emergency room record at Christ Hospital.
Q. And, again, these are documents — this particular type of document is the type that doctors rely on, correct!?]
A. That’s correct.
***
Q. Now, doctor, you also have occasion to come across the various ambulance reports that go along with the hospital records, correct?
A. That’s correct.
Q. And, again, these are the type of records that doctors such as yourself typically rely upon in terms of reaching a diagnosis and treatment plan, correct?
A. That’s correct.
Q. And, in fact, reports such as that are pretty valuable because it indicates exactly what type of complaints your patient was complaining of immediately after the accident, right?
A. That’s correct.”

It is clear from the testimony set forth above that Dr. Bhoopal did not testify that he relied on the Christ Hospital emergency room records or on the ambulance report. Instead, the above testimony reflects only that doctors generally rely on such material when making their diagnosis. Significantly, defense counsel never asked Dr.

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Bluebook (online)
652 N.E.2d 1120, 273 Ill. App. 3d 960, 210 Ill. Dec. 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jager-v-libretti-illappct-1995.