Napoli v. Hinsdale Hospital

572 N.E.2d 995, 213 Ill. App. 3d 382, 157 Ill. Dec. 531, 1991 Ill. App. LEXIS 654
CourtAppellate Court of Illinois
DecidedApril 24, 1991
Docket1-89-2814
StatusPublished
Cited by14 cases

This text of 572 N.E.2d 995 (Napoli v. Hinsdale Hospital) 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
Napoli v. Hinsdale Hospital, 572 N.E.2d 995, 213 Ill. App. 3d 382, 157 Ill. Dec. 531, 1991 Ill. App. LEXIS 654 (Ill. Ct. App. 1991).

Opinion

JUSTICE WHITE

delivered the opinion of the court:

Plaintiff Irene Napoli appeals from an order of the circuit court granting summary judgment for Hinsdale Hospital, the defendant in plaintiff’s negligence action. Plaintiff argues that because defendant’s negligence could be inferred under the doctrine of res ipsa loquitur, the court erred in granting defendant’s motion for summary judgment.

On February 28, 1986, plaintiff, aged 78, was taken to Hinsdale Hospital for treatment of pneumonia. When plaintiff was examined at the hospital, a laceration was discovered on her lower left leg. Plaintiff suffered permanent injury to her leg as a result of the laceration.

In December 1986, plaintiff filed suit against Hinsdale Hospital charging the hospital with negligence in connection with her injury. In response to a motion by the hospital, plaintiff’s complaint was stricken pursuant to section 2 — 615 of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2—615). An amended complaint was filed July 22, 1987. A second amended complaint was filed November 22, 1988. In her second amended complaint, plaintiff sought recovery under the theory of res ipsa loquitur, alleging that the injury was not caused by any act or negligence on her part; that at the time she was injured she was under the exclusive management and control of the hospital; and that the injury would not have occurred in the ordinary course of events or in the absence of negligence on the part of the hospital.

Between August and November 1988, discovery depositions were given by plaintiff; her daughter, Norma Jaffe; and Susan Smith and Bernadette Sims, nurses at Hinsdale Hospital.

At her deposition, Jaffe stated that at the time of the accident, plaintiff lived with Jaffe and her husband in their house in Downers Grove, Illinois. Jaffe stated that her mother had been in ill health and that on the morning in question, Beverly Peck, a visiting nurse from Hinsdale Hospital, examined plaintiff at home and suggested that she be taken to the hospital. Jaffe stated that she and Peck helped plaintiff walk from a “utility room” in the house to an attached garage, where plaintiff got into the car. Jaffe stated that she did not notice her mother bump her leg while getting into the car and that her mother did not complain about her leg during the drive to the hospital.

When they reached the hospital, Jaffe went inside and asked for help in transporting her mother from the car to the hospital. A male nurse and two female nurses came to the car with a wheelchair. One of the female nurses opened the car door, lifted plaintiff’s legs out of the car, and helped her to the wheelchair. The male nurse then pushed the wheelchair to the hospital entrance.

Once inside the hospital, plaintiff was taken to the emergency room, while Jaffe was directed to a desk and asked to fill out some forms. Jaffe stated that she did not see her mother bump her leg or hear her complain about pain in her leg while being taken from the car to the hospital.

Jaffe stated that after filling out the forms she went to the emergency room, where she saw her mother lying on a cart. When Jaffe entered the room, one of the nurses asked her how plaintiff had cut her leg. Jaffe stated that she asked her mother what had happened, but that her mother did not respond. Jaffe also stated that she was not present when her mother was taken from the wheelchair and placed on the cart.

At plaintiff’s deposition, plaintiff stated that she did not know when she injured her leg. Plaintiff stated that on the morning of February 28, she was helped to the car by Jaffe and Peck and that she did not remember bumping her leg as she was getting into the car. After she arrived at the hospital, two nurses helped plaintiff from the car and into a wheelchair. The nurses then wheeled plaintiff into the hospital emergency room. Plaintiff stated that she did not bump her leg during that time.

In the emergency room, a nurse assisted plaintiff from the wheelchair to a cart. Plaintiff stated that a stool was placed in front of the wheelchair and that the nurse helped her step onto the stool. Plaintiff did not remember bumping her leg at this time, but she stated that she felt pain in her leg when she stepped onto the stool. Plaintiff stated that she first experienced this pain between stepping on the stool and getting onto the cart.

Susan Smith, a nurse at Hinsdale Hospital, stated at her deposition that on the morning of February 28, Jaffe entered the emergency room and told her that plaintiff needed help getting out of the car. Smith, Bernadette Sims, and Craig Peterson went out to the car and helped plaintiff into a wheelchair.

In the emergency room, Smith, Sims, and Peterson lifted plaintiff out of the wheelchair and placed her on a cart. As Smith and Sims began to undress plaintiff, they noticed blood on her sock and a laceration on her leg. Smith stated that plaintiff was wearing ankle socks, that the socks were doubled over, that there was blood only on the layer of the sock that was next to the skin, and that the blood and the cut were not visible until the sock was removed.

When Smith asked plaintiff how she cut her leg, plaintiff replied that she did not remember. Smith stated that she did not think the injury occurred in the emergency room and that because the sock was doubled over, it could have happened at any prior time, without anyone noticing.

In her deposition testimony, Bernadette Sims stated that when plaintiff arrived at the hospital, she and Smith went out to plaintiff’s car and assisted her into a wheelchair. Sims stated that she did not notice blood on plaintiff’s leg or sock while assisting her, but that she was more concerned with plaintiff’s breathing. Once inside the hospital, Sims and Smith assisted plaintiff from the wheelchair to a cart and began to undress her. Sims stated that it was at this point that she noticed blood on plaintiff’s sock. However, Sims could not recall anything further about plaintiff’s injury.

After the depositions were completed, defendant filed a motion for summary judgment. Pointing out that plaintiff had stated in her deposition that she did not know how she injured her leg, defendant argued that res ipsa loquitur could not be applied to establish its negligence because plaintiff could not demonstrate that the injury was caused by an instrumentality under the defendant’s exclusive control or that defendant was in possession of evidence not possessed or easily obtained by plaintiff.

Plaintiff, in response, argued that res ipsa loquitur was applicable because the facts presented established that at the time of her injury she was in the exclusive control of defendant, that she was incapable of causing her own injury, and that the injury was caused by an instrumentality of defendant. On April 20, 1989, following a hearing, the trial court granted defendant’s motion for summary judgment.

In August 1989 plaintiff filed a motion for reconsideration. Attached to the motion were affidavits from Beverly Peck and Dr. Hyman Bans. Peck’s affidavit stated that she saw plaintiff at home on the morning of February 28, 1986, and that plaintiff was in ill health, debilitated, and incapacitated.

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Cite This Page — Counsel Stack

Bluebook (online)
572 N.E.2d 995, 213 Ill. App. 3d 382, 157 Ill. Dec. 531, 1991 Ill. App. LEXIS 654, Counsel Stack Legal Research, https://law.counselstack.com/opinion/napoli-v-hinsdale-hospital-illappct-1991.