Martin v. Cain

578 N.E.2d 1161, 219 Ill. App. 3d 110, 161 Ill. Dec. 515, 1991 Ill. App. LEXIS 1493
CourtAppellate Court of Illinois
DecidedAugust 26, 1991
Docket5-89-0674
StatusPublished
Cited by25 cases

This text of 578 N.E.2d 1161 (Martin v. Cain) 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
Martin v. Cain, 578 N.E.2d 1161, 219 Ill. App. 3d 110, 161 Ill. Dec. 515, 1991 Ill. App. LEXIS 1493 (Ill. Ct. App. 1991).

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

Plaintiff, Colette Martin, was injured when a car door was inadvertently slammed on her knee by defendant, David Cain. Plaintiff filed a complaint seeking damages for defendant’s negligence. After a jury trial in the circuit court of Williamson County, a verdict was entered in favor of plaintiff and against defendant in the amount of $10,000, which constituted plaintiff’s medical expenses and compensation for pain and suffering. Plaintiff appeals from the denial of her post-trial motion seeking a new trial on the issue of damages, or in the alternative, a new trial on the issue of defendant’s negligence and plaintiff’s damages. Plaintiff argues that the trial court erred in denying her post-trial motion and contends that she is entitled to a new trial on the issue of damages. We agree.

The facts of this case are not in dispute. The parties involved in this case were friends. On April 6, 1986, defendant shut the driver’s door of his 1985 Camaro on plaintiff’s left knee as plaintiff was attempting to enter the back seat of defendant’s car. Her left knee was pinned between the driver’s side door and the car’s frame. Defendant told plaintiff that he slammed the door extremely hard because he had been having trouble getting the door to shut tightly. Defendant took plaintiff to the emergency room, where plaintiff was given X rays, ice packs, a prescription for medicine, and a pair of crutches. Two days later, plaintiff went to see her family physician because she was still experiencing pain and was unable to put any weight on her knee. Plaintiff remained on crutches for approximately two weeks following the incident. Plaintiff stated that the swelling and discoloration remained for approximately two to three months, and it was at least that long before she was able to move her knee within a normal range of motion.

On April 25, 1986, plaintiff saw Dr. Stanley London, a board-certified general surgeon with a subspecialty interest in knees and sports medicine. On plaintiff’s first visit, Dr. London noted that plaintiff had some black and blue areas on the inside part of her left knee. He found plaintiff’s knee to be stable with tenderness under her kneecap and along her medial collateral ligament. Dr. London also detected some crepitation, more commonly referred to as popping, under her left kneecap as well as her right kneecap. Plaintiff had difficulty bending her left knee. Dr. London found the injury to her knee to be consistent with plaintiff’s explanation of getting her knee slammed in a car door three to four weeks earlier. By July 23, 1986, Dr. London found her left knee to have a full range of motion. Because of the persistence of plaintiff’s symptoms, Dr. London performed an arthrogram on September 2, 1986. This procedure involves injecting dye and air into the knee joint in order to visualize more than can be seen with an ordinary X ray. Dr. London found the results to be normal.

On January 27, 1987, plaintiff underwent an arthroscopy because of the persistence of her symptoms. Plaintiff was given a general anesthetic while a telescopic instrument was inserted into her knee in order to see inside. Dr. London detected a condition referred to as a plica band. This is a congenital condition that occurs in approximately 20% of the population and, according to Dr. London, is overwhelmingly nonsymptomatic. Occasionally, usually due to a trauma, the plica may become irritated and thickened. In plaintiff’s case, the band ran along the inside part of her kneecap and was somewhat thickened and of moderate size. Dr. London testified that to a reasonable degree of medical certainty, the thickening of plaintiff’s plica band was caused by plaintiff’s knee being slammed in defendant’s car door. Dr. London also stated that he had no reason to doubt the sincerity of plaintiff’s complaints of pain. He found that there were limitations on plaintiff’s activities immediately after the accident, and because the symptoms continued, Dr. London assumed that these symptoms continued to interfere with plaintiff’s activities. While plaintiff still had subjective complaints of pain as well as complaints of swelling and popping, Dr. London objectively found plaintiff’s left knee to be as good as her right knee. Dr. London believes that it is possible that plaintiff will continue to experience some symptoms.

The arthroscopy left a scar on plaintiff’s left knee which she displayed to the jury. Plaintiff also had a larger scar on her left knee which was the result of a bicycle accident. Plaintiff testified that after the arthroscopy, she was in a bandage from her pelvis down to her foot with an overlapping wood slatted brace that completely immobilized her knee. The brace remained on for three weeks, and plaintiff had to use crutches for three months. Plaintiff participated in therapy and gradually regained her range of motion.

On April 6, 1986, plaintiff was unemployed. Plaintiff and her husband owned a lounge that closed in June of 1986. The closing of this business was not attributable to plaintiff’s injury, but rather, to losses that the business suffered. At the time of the arthroscopy, which was performed on January 29, 1987, plaintiff was employed by a chiropractor at a wage of $5.50 per hour. The chiropractor terminated plaintiff’s employment because the scheduled arthroscopy prevented plaintiff from attending a seminar in Miami, Florida. In March 1987, plaintiff attempted to return to work as a physician’s assistant for Dr. Parks. She worked for Dr. Parks for approximately two weeks at a wage of $4.25 per hour, but was forced to quit because being on her feet caused her left knee to swell. Plaintiff went to work for Cherry Insurance Company in June 1987, at a wage of $5 per hour. Altogether, plaintiff stated she missed 18 weeks of work due to her knee injury.

Plaintiff also testified that her activities have been severely limited since her knee injury occurred. Prior to the injury, plaintiff mowed her yard, painted her house, did all her house and yard work, did the family’s laundry, jogged, and participated in weightlifting. Plaintiff also stated that she could work as a beauty operator at her mother’s shop. After the injury to her knee, plaintiff was no longer able to jog, mow the lawn, complete her housework without assistance, or work as a beauty operator. Such activities caused plaintiff pain and her knee to swell.

During closing argument plaintiff’s attorney asked for $1,000 for the disfigurement caused by the scar on plaintiff’s knee because of the arthroscopy, $3,931 for medical expenses, $3,500 for lost wages, $20,000 for pain and suffering, and $25,000 for disability. The defense attorney argued that defendant was not in any way liable, but if the jury did find defendant liable, he argued that $15,000 would be a more reasonable amount to award plaintiff. The jury returned a verdict of $10,000. The itemized verdict read as follows:

“a. Disability and disfigurement resulting from the injury $ -0-
b. Pain and suffering experienced and reasonably certain to be experienced as a result of the injury 6,069.00
c. Reasonable expenses of necessary medical care, treatment and services received 3,931.00
d. Value of earnings lost -0-”

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Cite This Page — Counsel Stack

Bluebook (online)
578 N.E.2d 1161, 219 Ill. App. 3d 110, 161 Ill. Dec. 515, 1991 Ill. App. LEXIS 1493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-cain-illappct-1991.