Powers v. Illinois Central Gulf Railroad

438 N.E.2d 152, 91 Ill. 2d 375, 63 Ill. Dec. 414, 1982 Ill. LEXIS 293
CourtIllinois Supreme Court
DecidedJune 18, 1982
Docket54720
StatusPublished
Cited by56 cases

This text of 438 N.E.2d 152 (Powers v. Illinois Central Gulf Railroad) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Powers v. Illinois Central Gulf Railroad, 438 N.E.2d 152, 91 Ill. 2d 375, 63 Ill. Dec. 414, 1982 Ill. LEXIS 293 (Ill. 1982).

Opinion

JUSTICE WARD

delivered the opinion of the court:

This appeal is from an action brought by Steven Lynn Powers in the circuit court of St. Clair County under the Federal Employers’ Liability Act (45 U.S.C. sec. 51 et seq. (1970)). The plaintiff complained of back injuries sustained while employed by the Illinois Central Gulf Railroad Company in Paducah, Kentucky. A jury which had been given an itemized verdict form returned a verdict for the plaintiff that totaled $300,000. The court’s instructions to the jury on damages had listed four elements of damage for the injuries, and the verdict form given to the jury was itemized as to those elements. The appellate court, with one justice dissenting, found no error in the instruction or the itemization of damage on the verdict form, and it affirmed the judgment that had been entered on the verdict. (92 Ill. App. 3d 1033.) We granted the defendant leave to appeal (73 Ill. 2d R. 315).

The defendant contends that the court erred in giving the following instruction to the jury over its objection:

“If you decide for the plaintiff on the question of liability, you must then fix the amount of money which will reasonably and fairly compensate him for any of the following elements of damage proved by the evidence to have resulted, in whole or in part, from the negligence of the defendant:
The nature, extent and duration of the injury.
The disability resulting from the injury.
The pain and suffering experienced and reasonably certain to be experienced in the future as a result of the injuries.
The value of earnings lost and the present cash value of earnings reasonably certain to be lost in the future.
Whether any of these elements of damages has been proved by the evidence is for you to determine.”

Excepting the phrase “in whole or in part,” which is not involved on this appeal, the first and last paragraphs of the instruction are the basic Illinois pattern measure of damages instruction for personal injury. (Illinois Pattern Jury Instruction, Civil, No. 30.01 (2d ed. 1971) (hereinafter cited as IPI Civil).) The other four paragraphs set out separate elements of damage claimed here by the plaintiff and which appear in the pattern instructions. IPI Civil Nos. 30.02, 30.04, 30.05, 30.07.

The defendant also says there was error in the following verdict form that was given to the jury over its objection:

“We, the Jury, find for the plaintiff and against the defendant. We assess the damages as follows:
Nature, extent and duration of the injury $_
Disability resulting from the injury $-.
Pain and suffering experienced and reasonably certain to be experienced in the future as a result of the injury $_
The value of earnings lost and the present cash value of earnings reasonably certain to be lost in the future. $_

The jury awarded $50,000 for each of the first three elements, and $150,000 for the fourth.

The defendant’s contentions of error are that the instruction and verdict form directed the jury to award a double or duplicative recovery for the plaintiff. The defendant says that “the nature, extent and duration of the injury” is not compensable as an element of damage separate and apart from the other elements of damage in the instruction, although it is listed as a separate element in the pattern jury instructions. (IPI Civil No. 30.02.) On that ground, the defendant requests this court to order a remittitur of $50,000, the amount of the award for “nature, extent and duration.” The defendant also says that the trial court erred by giving the jury a verdict form that required it to itemize its verdict as to each element of damage.

A jury, of course, receives instructions from the trial court as to the elements of damage claimed to have been sustained by the plaintiff. A court, through its instructions, seeks to facilitate a jury’s determination of damages in a personal injury case by itemizing the elements of damage. When the jury is instructed there is a danger that there may be no instruction given regarding a compensable element of damage which may result in the plaintiff’s being undercompensated. There is a danger, too, that in the instructions given an element of damage may be duplicated or elements may overlap with the result that the jury may give duplicative awards. The risk of overlapping and duplicative awards may be enhanced when the plaintiff’s counsel is permitted to argue to the jury from a chart or “blackboard” that sets out the elements of damage claimed. The attorney asks the jury to award a specified amount for each of the elements of damage listed. This court in Caley v. Manicke (1962), 24 Ill. 2d 390, approved the use of such a chart or “blackboard.” See generally Graham, Pattern Jury Instructions: The Prospect of Over or Undercompensation in Damage Awards for Personal Injuries, 28 DePaul L. Rev. 33(1978).

The plaintiff first argues that the defendant waived its contentions by failing to set out its objections with particularity in its post-trial motion. The plaintiff relies upon Brown v. Decatur Memorial Hospital (1980), 83 Ill. 2d 344. In Brown this court held that, in order to preserve an objection to a jury instruction for appeal, a litigant’s post-trial motion must include “a simple, succinct statement of the factual or legal basis for movant’s belief that the trial court action was erroneous.” (83 Ill. 2d 344, 350.) The purpose is to afford the trial court an opportunity to make an informed reevaluation of its ruling on the instruction.

The objections to the instructions and verdict form were not waived. During the conference on instructions, the defendant argued that the instruction and verdict form permitted the jury to return separate awards for duplicative elements of damage. The post-trial motion sufficiently apprised the court of this ground because in that motion the defendant alleged that the court erred by giving the instruction and verdict form, and said that, “[a]s stated in the transcript of the proceedings, the form of verdict invited the jury to return a separate monetary award for duplicitous and redundant elements of damages ***.” The motion requested that the court order a new trial unless part of the verdict was remitted, because various errors, “including the errors with respect to the jury instructions and the error in giving the form of a verdict which invited and directed the jury to return an amount for duplicitous and redundant categories of damages, which in fact the jury did ***,” resulted in an excessive verdict.

Too, the defendant’s motion stated that the court had erred by refusing to submit the following verdict form, which the defendant had tendered:

“We, the Jury, find for the plaintiff and against the defendant and assess the plaintiff’s damages in the sum of $__These damages consist of the following:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Medstar Georgetown Medical Center, Inc. v. Kaplan
District of Columbia Court of Appeals, 2025
People v. Lloyd
2025 IL App (1st) 232111-U (Appellate Court of Illinois, 2025)
People v. Hampton
2024 IL App (1st) 230171 (Appellate Court of Illinois, 2024)
Hana v. Illinois State Medical Inter-Insurance Exchange Mutual Insurance Co.
2018 IL App (1st) 162166 (Appellate Court of Illinois, 2018)
Marxmiller v. Champaign-Urbana Mass Transit District
2017 IL App (4th) 160741 (Appellate Court of Illinois, 2018)
People v. Walker
911 N.E.2d 439 (Appellate Court of Illinois, 2009)
Spiegelman v. Victory Memorial Hospital
911 N.E.2d 1022 (Appellate Court of Illinois, 2009)
People v. Rodriguez
901 N.E.2d 927 (Appellate Court of Illinois, 2008)
Matarese v. Buka
897 N.E.2d 893 (Appellate Court of Illinois, 2008)
Lasalle Bank, N. A. v. C/HCA Development
Appellate Court of Illinois, 2008
LaSalle Bank, N.A. v. C/HCA Development Corp.
893 N.E.2d 949 (Appellate Court of Illinois, 2008)
Lange v. Freund
855 N.E.2d 162 (Appellate Court of Illinois, 2006)
Compton v. Ubilluz
Appellate Court of Illinois, 2004
Hess v. Espy
Appellate Court of Illinois, 2004
Luye v. Schopper
809 N.E.2d 156 (Appellate Court of Illinois, 2004)
LOS AMIGOS SUPERMARKET v. Metro Bank
713 N.E.2d 686 (Appellate Court of Illinois, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
438 N.E.2d 152, 91 Ill. 2d 375, 63 Ill. Dec. 414, 1982 Ill. LEXIS 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/powers-v-illinois-central-gulf-railroad-ill-1982.