Potter v. Rodrick

395 N.E.2d 746, 77 Ill. App. 3d 7, 32 Ill. Dec. 516, 1979 Ill. App. LEXIS 3339
CourtAppellate Court of Illinois
DecidedOctober 10, 1979
Docket79-68
StatusPublished
Cited by7 cases

This text of 395 N.E.2d 746 (Potter v. Rodrick) 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
Potter v. Rodrick, 395 N.E.2d 746, 77 Ill. App. 3d 7, 32 Ill. Dec. 516, 1979 Ill. App. LEXIS 3339 (Ill. Ct. App. 1979).

Opinion

Mr. JUSTICE ALLOY

delivered the opinion of the court:

Plaintiffs Ralph Potter, Shirley Potter and Terri Potter Calder appeal, contending that inadequate damages were assessed by a jury in the personal injury action against defendant Tamara J. Rodrick.

The instant action was the result of injuries allegedly sustained in an August 2, 1975, automobile accident involving plaintiffs and defendant. Liability was admitted in defendant’s answer, and the sole question before the jury was that of damages. Following the hearing of evidence on the issue of damages, which was contradictory, the jury returned verdicts awarding plaintiffs amounts equalling alleged special damages, specifically, in the sum of *160 to Ralph Potter, *826.70 to Shirley Potter, and *480.50 to Terri Calder. Plaintiffs moved for a new trial, and contended that the jury’s assessment of damages was inadequate and that the jury overlooked proven elements of damage. The trial court denied plaintiffs’ motion for a new trial and specifically commented upon the “serious question” in the evidence as to the credibility of the plaintiffs’ testimony. As we have noted, plaintiffs appeal from a denial of the motion for new trial and contend that the assessment by the jury was inadequate and that the jury overlooked proven elements of damage.

We considered the issue presented to this court in the recent case of Ford v. Baker (1978), 61 Ill. App. 3d 45, 377 N.E.2d 853. In that case we set forth the rules applicable, in consideration on appeal of the issue as to whether the trial court erred in refusing to grant a new trial by reason of the inadequacy of the jury verdict. In that case we stated:

“The granting of a motion for new trial is a matter of discretion for the trial court. [Citation.] We will not reverse the trial court’s ruling unless we find an abuse of discretion, that is, unless we find no reasonable basis in the evidence to support the ruling of the trial court.
The plaintiff has not argued that the jury was improperly instructed. ” # ° When the jury has been properly instructed, both trial and reviewing courts are reluctant to set aside the amount of the jury verdict. [Citation.] Both courts are well aware that many factors, including credibility of witnesses, are considered by the jury in reaching its verdict. However, when the jury renders a verdict and the amount of damages is palpably inadequate, justice requires that that verdict be set aside and a new trial ordered. [Citations.]
In order to determine whether the jury verdict on the amount of damages is inadequate, we must consider the record as a whole. * * 0 The rule set forth in the cited cases is that jury verdicts which are palpably inadequate may be set aside and the only basis for determining whether damages are palpably or obviously inadequate is the sound judgment of the one considering the evidence as a whole.” 61 Ill. App. 3d 45, 46-47.

Similar considerations are outlined in the case of Haleem v. Onate (1966), 71 Ill. App. 2d 457, 460-61, 219 N.E.2d 94, where the court discussed the variables which enter into a review of the record as a whole. There, the court indicated that to determine whether an award is grossly unfair or the result of a clear oversight by the jury necessarily requires a review of all the testimony surrounding the claimed items of damage. The mathematical computation of the bills received, the court noted, and the alleged loss of earnings represent only part of the total evidence. The court said that accordingly “we do not accept the plaintiff’s contention that the sum of the claimed special damages automatically constitutes a minimum level of recovery which is binding upon both the jury and a court of review. Special damages often may be a useful measure” but “need not be an incontestable basis in the determination of a proper award.” The Haleem case also indicated that there may be evidence which carries an implication that the injuries may be exaggerated or even feigned or that medical treatment was either unnecessary or prolonged. It was also indicated that all these and like factors must be weighed, and if there appears to be evidence suggesting a genuine conflict as to the legitimacy of the expenses incurred, then the verdict of the jury should not be disturbed on review.

We recognize the function of the jury in determining the credibility of witnesses and the weight to be given the testimony of witnesses. The jury is normally instructed to consider all of the evidence in the light of the juror’s own experience in the affairs of life. We agree with the Haleem court that the prerogative should not be withdrawn from the jury if there is any evidence tending to support its conclusion as to the amount of damages actually sustained.

We have reviewed the entire evidence produced during the trial in the instant case, and we conclude that there is a reasonable basis in the evidence supporting the jury’s verdict and the trial court’s ruling on the motion for a new trial. The record reveals that the jury had ample reason to question the nature and extent of the alleged injuries to the plaintiffs, as well as the proximate cause of those alleged injuries.

We will summarize briefly the evidence as presented with respect to the individual plaintiffs. We note, first, that the accident occurred about 6:30 p.m. on August 2, 1975, and that Ralph Potter was driving his automobile, and with him were his wife, Shirley, and their daughter, Terri Calder. Defendant Tamara Rodrick failed to stop at the Richards Road intersection and the two vehicles collided. Potter testified that he was going about 40 to 45 miles per hour at the time of impact. As a result of the collision, plaintiffs testified they were thrown about inside the automobile, although all three remained in their seats after the accident. None of the plaintiffs was unconscious following the accident, or sustained any fracture or laceration, or sustained visible injury at the time of the accident. Ralph Potter testEed that he did feel pain in his back and leg when he got out to examine the damage. None of the plaintiffs sought immediate medical attention as a result of the accident. They proceeded from the accident to Ottawa to a bingo game, which was their intended destination. They remained at the bingo game until about 9:30 p.m., when they drove back to their home in Streator in the automobile which was involved in the accident with defendant Rodrick.

Plaintiff Ralph Potter claimed serious and continuing injury to his back and legs as a result of the accident. The X rays, however, which were taken of Mr. Potter, were normal. Two neurologists who had examined Potter could find no objective support for his complaint. The evidence also indicated that Potter had a pre-existing problem with his back, as a result of a 1969 serious back injury. Since 1969, the record indicated, Potter had received many treatments for chronic back problems in the same area as that claimed injured in the accident with the defendant in this case. Dr. Heins, an osteopath and sole medical witness for all three plaintiffs, testified that he noted a gristle-like feeling on palpation in the lower back.

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Bluebook (online)
395 N.E.2d 746, 77 Ill. App. 3d 7, 32 Ill. Dec. 516, 1979 Ill. App. LEXIS 3339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/potter-v-rodrick-illappct-1979.