Kumorek v. Moyers

561 N.E.2d 212, 203 Ill. App. 3d 908, 148 Ill. Dec. 906, 1990 Ill. App. LEXIS 1355
CourtAppellate Court of Illinois
DecidedSeptember 5, 1990
Docket5-89-0165
StatusPublished
Cited by37 cases

This text of 561 N.E.2d 212 (Kumorek v. Moyers) 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
Kumorek v. Moyers, 561 N.E.2d 212, 203 Ill. App. 3d 908, 148 Ill. Dec. 906, 1990 Ill. App. LEXIS 1355 (Ill. Ct. App. 1990).

Opinions

JUSTICE RARICK

delivered the opinion of the court:

While driving home from church on May 13, 1984, plaintiffs’ vehicle was struck from behind by a car driven by the defendant Vada Moyers. Plaintiffs filed a complaint which prayed for judgment against Moyers for personal injuries, pain and suffering, medical expenses, damage to their car and costs of suit. Following a trial, the court entered judgment on the jury’s verdict against Vada Moyers and in favor of Diana Kumorek for the reasonable expense of necessary medical care, treatment and services rendered, in the sum of $2,026.50. Judgment was entered on the verdict in favor of Mike Kumorek for the reasonable expense of necessary medical care, treatment and services, in the sum of $1,912.50. Plaintiffs appeal from the trial court’s judgment order and the court’s order denying their post-trial motion. On appeal plaintiffs raise as the sole issue the adequacy of the verdict and whether they should be granted a new trial on the issue of damages only.

The collision from which this cause of action arose occurred on Illinois State Route 34, in Rosiclare, Illinois. The plaintiffs were northbound on Route 34. Mike Kumorek was driving and Diana was riding in the front passenger seat. Their two children were in the backseat. Just prior to the collision the parties were traveling in a procession of five cars. The Kumoreks occupied the third car in the line of traffic, followed by the fourth vehicle in line, followed by Moyers’ car. Mike Kumorek testified at trial that the first car in line stopped to allow southbound traffic to pass before completing a left turn. The vehicle immediately in front of the Kumoreks’ vehicle came to a complete stop behind the first car. Mike Kumorek testified that he in turn came to a complete stop. While the first three vehicles were stopping, the fourth car in line proceeded to make a right turn. After this car completed its turn, Moyers, driving the fifth vehicle in the procession, collided with the Kumoreks’ vehicle.

Although testimony was heard with regard to the damage plaintiffs sustained to their automobile and with regard to Mike Kumorek’s lost wages, plaintiffs did not address the jury’s award with regard to these elements of damages in their post-trial motion, nor have they addressed these in their brief on appeal. We, therefore, will not consider whether the jury's verdict was inconsistent with regard to the elements of lost wages and damage to plaintiffs’ car. See Fitzgerald v. MFA Mutual Insurance Co. (1985), 134 Ill. App. 3d 1007, 1009-10, 481 N.E.2d 754, 756.

With regard to the personal injuries sustained by the plaintiffs, Diana Kumorek testified that at the time of the collision she felt a stabbing pain through her neck. Shortly after the accident she went home, took some Tylenol and rested for the remainder of the day. Mrs. Kumorek testified that later that evening the pain had become so severe that she went to the county hospital where she was given medication and sent home. The following two days she stayed in bed. On Tuesday Mrs. Kumorek consulted with Dr. Leach, a chiropractor. Dr. Leach referred the patient to Dr. Woodward who, upon examining her, admitted her to the hospital to conduct further tests. Mrs. Kumorek testified that while in the hospital she underwent a CAT scan and was put in traction. She testified that during her hospital stay she experienced a great deal of pain in her head, neck, shoulder and arm. After being released from the hospital she returned to Dr. Leach for treatment. She saw Dr. Leach daily through the month of June, until she was able to return to what she termed “a mild everyday routine.”

Dr. Leach’s testimony confirmed that he treated Diana Kumorek for her ailments throughout 1984. He testified that he treated her approximately 23 to 24 times in 1985, and in 1986 he provided treatments to her 24 times. In 1987 he only saw her once and that was for the purpose of taking X rays. His treatment included adjustments, soft tissue manipulation and physical therapy consisting of ultrasound and electrogalvanic stimulation. He related that the patient had responded well under treatment and that her range of motion in the cervical spine had increased drastically. He testified, however, that as he told Mrs. Kumorek in July of 1984, he felt that she had reached her maximum medical improvement under his care and that her condition had improved as much as it was going to other than treating the symptoms of pain and loss of range of motion.

Mike Kumorek also testified as to the personal injuries he sustained in the May 1984 collision. He testified that at the time of the collision he felt his neck pop. The palms of his hands rolled up because just prior to impact he braced the steering wheel. He testified that later that day a dull headache at the base of his skull developed. The following day he consulted a doctor at the hospital emergency room, who prescribed warm pads for his neck and medication. Approximately three days after the accident, Mike Kumorek went to see Dr. Leach because his headache pain had increased. Mr. Kumorek testified that at the time he could barely move his neck in either direction. Kumorek then described the pain he experienced: “[I]t would cause a severe headache. When I say severe, it would go back to the point to where just like someone was standing on top of me bearing down.” Dr. Leach referred him to a specialist who referred Kumorek back to Dr. Leach to pursue moderate treatment consisting of applying heat pads, soft tissue manipulation, and electrogalvanic ultrasound. He continued with treatment throughout June of 1984.

Dr. Leach also testified that he treated Mike Kumorek prior to the May 1984 accident for complaints the patient had with regard to the same areas of the neck and shoulder. Dr. Leach stated that Mike Kumorek told him that he had been involved in an auto accident when he was 19 years old, 11 years prior to the accident of May 1984. Mr. Kumorek advised Dr. Leach that as a result of the prior auto accident, his neck became stiff and painful three or four times a year. Dr. Leach testified that Mr. Kumorek’s complaints regarding his neck and shoulder became more serious after the May 1984 accident, and that it was Dr. Leach’s opinion that the May 1984 accident aggravated Mr. Kumorek’s condition.

Mike Kumorek further testified to the injury he sustained to his right hand. After the May 1984 accident he periodically experienced a tingling sensation in the pads of his fingers, which he had never felt before. He testified that after the accident he was working as a mechanic, and that several times when he attempted to do his work, such as grasping a hammer, his hand would open by itself. He testified that he had no control over this reaction. He stated that he would wake up in the middle of the night and his hand would hurt from the finger tips all the way back to the elbow badly enough that he could not sleep.

When his symptoms did not improve, Mr. Kumorek saw Dr. James Durham, who referred him to Larry Laird, a physical therapist, for a nerve conductive study. After the study was completed, Mr. Kumorek was sent to Dr. Barrow for wrist surgery. Outpatient surgery was conducted wherein Dr. Barrow excised a segment of the transverse ligament across the wrist.

Dr. Barrow referred to Mr. Kumorek’s condition as carpal tunnel syndrome.

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Cite This Page — Counsel Stack

Bluebook (online)
561 N.E.2d 212, 203 Ill. App. 3d 908, 148 Ill. Dec. 906, 1990 Ill. App. LEXIS 1355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kumorek-v-moyers-illappct-1990.