Moran v. Erickson

696 N.E.2d 780, 297 Ill. App. 3d 342, 231 Ill. Dec. 484, 1998 Ill. App. LEXIS 371
CourtAppellate Court of Illinois
DecidedJune 10, 1998
Docket1-96-4210
StatusPublished
Cited by28 cases

This text of 696 N.E.2d 780 (Moran v. Erickson) 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
Moran v. Erickson, 696 N.E.2d 780, 297 Ill. App. 3d 342, 231 Ill. Dec. 484, 1998 Ill. App. LEXIS 371 (Ill. Ct. App. 1998).

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Plaintiff, Lisa Moran, brought the instant action against the estate of Paul Lonergan seeking to recover for personal injuries she sustained from the admitted negligent operation of an automobile by Lonergan. The matter proceeded to trial on the issue of damages, and the jury returned a verdict in favor of Lonergan’s estate. On appeal the plaintiff argues that she is entitled to judgment notwithstanding the verdict or a new trial because the verdict was against the overwhelming weight of the evidence and, alternatively, that she is entitled to a new trial due to erroneous admission of evidence and the improper use of records to refresh recollection. For the reasons discussed below, we affirm.

BACKGROUND FACTS

At trial, the plaintiff testified that on November 30, 1989, she was involved in an automobile collision which caused her knees to “hit the dash.” She stated that her knees felt like they were broken. She was taken to Evanston Hospital by ambulance, where X rays were taken. Apparently, the X rays did not disclose any fractures or “hard tissue injuries” and the plaintiff was not hospitalized. The plaintiff further testified that on December 1, 1989, she awoke to “pain from head to toe” and went to her internist, Ann Niedenthal, who sent her for X rays and prescribed medication for whiplash. A couple of months later, Niedenthal sent the plaintiff to David Carey for physical therapy. Carey performed therapy on the plaintiff, initially on her neck and then on her knees, until December of 1990 or January 1991. In April 1990, Niedenthal referred the plaintiff to Doctor McMillan, an orthopedic surgeon, because plaintiff’s knees were still swollen.

The plaintiff testified to treatment rendered to her by the following medical professionals: Doctors McMillan and Sweeney, orthopedic surgeons; David Carey, a physical therapist; Doctor McMahon, a neurologist; Lynn Robinson, a physical therapist; and Doctor Tovian, a psychologist. She also testified to medical visits in 1992 with Doctors Hefferon, Hill and Sheinkop, who rendered medical opinions regarding plaintiffs need for arthroscopic surgery, which was performed on her left knee by Doctor Hill in 1992. The plaintiff testified to her use of knee braces for long-distance walking, a neck brace for long automobile trips and while sitting for extended periods of time, and crutches after the arthroscopic surgery. She testified to the pain she experienced since the automobile collision and to the limitations that her injuries caused with respect to her ability to interact with her children and to maintain her home. She described incidents of falling when her knees would lock but stated she fell less and did not have severe pain in her knees since the arthroscopic surgery. The plaintiff explained the physical therapy she had undergone during the period after her knee surgery until July 1996 and testified that she continues with physical therapy on her own.

On cross-examination, the plaintiff testified that she did not see any medical providers from December 1, 1989, to February 4, 1990, and that during that time she vacationed in Disney World and Galena, Illinois. She admitted that the Disney World trip began two days after the automobile collision. She also admitted that she may have ridden horses in Galena, from which she returned on February 4, one day before her physical therapy with David Carey began. She denied telling Carey that she played five games of tennis on June 10, 1990, or several games of tennis on July 1, 1990, and insisted that she had not played a full game of tennis since the automobile accident. She stated that she had unsuccessfully tried to play tennis on two occasions, in June and in the fall of 1990, pursuant to the advice of her doctor and Carey.

The plaintiff presented testimony by the following treating physicians and health care providers: Doctor John McMahon, a board-certified neurologist; Doctor Warren Baskin, a licensed chiropractor; Doctor Robert Hozman, a board-certified internist and rheumatologist; and Doctor James A. Hill, a board-certified orthopedic surgeon. Each testified to the dates they saw the plaintiff, the reason for the visits, the plaintiffs complaints regarding her physical condition, their medical diagnoses, and the medical treatment rendered to the plaintiff.

Doctor John McMahon testified that the plaintiff had been referred to him by her orthopedic surgeon, Howard Sweeney, for an evaluation of her neck. He stated that he first saw the plaintiff on April 10, 1991. She was pregnant at that time. He examined the plaintiff and obtained her medical history. McMahon testified concerning the physical complaints made by the plaintiff to him and concerning his physical examination of her. At that time, McMahon concluded that the plaintiff suffered from inflammation or irritation of the nerve root, which he characterized as cervical radiculitis. He recommended that the plaintiff undergo cervical physical therapy.

McMahon testified that he also examined the plaintiff on June 17, 1991. He stated that the plaintiff indicated to him that her physical condition had improved while she was undergoing physical therapy. She told him she was again experiencing neck pain, knee pain and hand sensory symptoms since she had been discharged from physical therapy 11 days earlier. McMahon believed that the plaintiffs wrist sensitivity was symptomatic of transient carpal tunnel syndrome, which disappears after pregnancy. McMahon testified that he believed the plaintiff continued to suffer from cervical radiculitis and he resumed physical therapy because of her headaches, neck pain and arm symptoms. With respect to the relationship between plaintiffs condition and the automobile collision on November 30, 1989, McMahon testified:

“I assumed the auto accident to be the cause of the symptoms because of the temporal relationship of the plaintiffs symptoms to that accident. They came on after it in close proximity. And there was nothing else in her history to which they seem attributable.”

He further stated that, in his opinion, the plaintiff was in pain when he examined her in April and June 1991 and that he “had no reason to think she was faking.”

On cross-examination, McMahon stated that intermittent discomfort, numbness and tingling in the hands and wrist area are symptomatic of carpel tunnel syndrome as well as cervical radiculitis. He determined that the carpel tunnel syndrome was not related to the accident because the plaintiffs symptoms had not been present during her first visit with him. He admitted that the results of the tests he performed upon the plaintiff during his physical examination of her were determined exclusively by her subjective indications of pain, her general demeanor and the manner in which she postured her body. He stated that a good actor could present a picture of pain. He admitted that his opinion that the plaintiffs pain was caused by the automobile accident was based upon what the plaintiff told him. He also stated that he received a letter in June 1991 from a physical therapist, Lynn Robinson, who indicated that on two occasions she observed the plaintiff perform cervical motions while attending to her child that would have caused her to complain during physical therapy sessions.

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Cite This Page — Counsel Stack

Bluebook (online)
696 N.E.2d 780, 297 Ill. App. 3d 342, 231 Ill. Dec. 484, 1998 Ill. App. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moran-v-erickson-illappct-1998.