Stamp v. Sylvan

906 N.E.2d 1222, 391 Ill. App. 3d 117, 329 Ill. Dec. 611, 2009 Ill. App. LEXIS 233
CourtAppellate Court of Illinois
DecidedApril 22, 2009
Docket1-08-1421
StatusPublished
Cited by17 cases

This text of 906 N.E.2d 1222 (Stamp v. Sylvan) 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
Stamp v. Sylvan, 906 N.E.2d 1222, 391 Ill. App. 3d 117, 329 Ill. Dec. 611, 2009 Ill. App. LEXIS 233 (Ill. Ct. App. 2009).

Opinion

JUSTICE QUINN

delivered the opinion of the court:

Plaintiff, Nancy Stamp, brought a personal injury action arising out of a motor vehicle accident and sought a new trial after the jury returned a verdict awarding damages for medical expenses but failing to make an award for pain and suffering or loss of a normal life. The circuit court granted plaintiffs motion for a new trial on pain and suffering, and loss of a normal life damages limited to the time period of six months following the accident. On appeal, plaintiff contends that the circuit court properly granted her a new trial on damages where the jury verdict was inconsistent given the objective evidence of pain and suffering presented at trial, but that the circuit court erred by restricting the amount of damages that could be presented at the new trial. Defendant maintains that the circuit court abused its discretion by granting the motion for a new damages trial where the evidence presented at trial was based on plaintiff’s subjective complaints of pain and suffering and there was no inherent inconsistency between the jury’s awarding medical expenses and the jury refusing to award damages for pain and suffering. For the following reasons, we affirm.

I. BACKGROUND

Following the motor vehicle accident, which occurred on May 24, 1996, defendant admitted liability and the case was tried before a jury on the issue of damages. At trial, plaintiff testified that on the date of the accident, she was driving her vehicle and stopped at a red light in Winnetka, Illinois. Plaintiff had her head turned to the right and was talking to her daughter when an automobile driven by defendant struck plaintiff’s vehicle from behind. Plaintiff testified that she was thrust forward by the collision, then the side of her head hit the headrest. Plaintiff testified that after the impact, she experienced “extreme, lower back spasms,” a headache, and stiffness in her neck. Plaintiff testified that she immediately contacted her internist, Dr. Starr, who advised her to take an ibuprofen, take hot showers, and rest. Plaintiff explained that it was a Friday afternoon and Dr. Starr did not have weekend office hours. Plaintiff testified that over the weekend, her lower back pain began to subside, but her neck soreness became more intense and she experienced more pain in her shoulder and arm. Plaintiff testified that she called Dr. Starr on that Monday and then went to his office for an appointment. Plaintiff testified that during her doctor’s visit, she complained of stiffness and soreness in her neck which went down her left arm into her thumb and index finger. Plaintiff also informed her doctor that her head was hurting and that she was having trouble turning her neck. After Dr. Starr performed a physical examination and ordered MRIs, he referred plaintiff to Dr. Geri Gireesan, an orthopedic surgeon.

Plaintiff testified that she reported the same symptoms to Dr. Gireesan and Dr. Gireesan ordered physical therapy. Plaintiff testified that she received physical therapy, which included massage therapy and exercises, for three months. Plaintiff testified that she performed physical exercises that began slowly then increased in intensity. Plaintiff testified that the massage therapy was extremely intense and painful. Plaintiff testified that after three months of physical therapy, the pain was less extreme and the numbness in her fingers had stopped. Plaintiff testified that she still experienced pain down her arm, in her shoulder and neck, and headaches. Plaintiff testified that after the physical therapy, in September 1996, she had “plateaued” and she was told that continuing physical therapy would not improve her pain. Plaintiff testified that she, therefore, did not seek treatment for three years and continued to live with the pain.

Plaintiff testified that she never had any problems with her neck prior to the automobile accident. Plaintiff testified that prior to the collision, she was a very active person, who engaged in aerobic exercises and sports, including ice skating and tennis. Plaintiff testified that after the accident and physical therapy, she did not have strength in her hand and was unable to participate in sports activities. Plaintiff testified that she could not carry groceries or pull a suitcase. Plaintiff testified that her head hurt when she got a cold and her neck and arm would hurt when the weather was humid. Plaintiff also testified that she would experience pain when driving in a car on a bumpy road.

Plaintiff testified that three years after the accident, in 1999, the pain in her neck and tingling in her fingers intensified, and she scheduled an appointment with Dr. Gireesan. Dr. Gireesan instructed her on exercises to perform at home, but plaintiff testified that the pain continued. Plaintiff testified that she was subsequently prescribed medication and referred to a chiropractor. Plaintiff testified that she received treatment from the chiropractor, including physical therapy, electrical stimulation, and adjustments. Plaintiff testified that the pain continued and she experienced trouble walking. Plaintiff testified that she subsequently visited a pain specialist, Dr. Blonsky, where she received treatment including physical therapy and manipulation. Plaintiff testified that she received this treatment for six months to a year, which made her pain more tolerable.

Plaintiff testified that she suffers from digestive problems and experiences pain in her lower abdominal area, which occasionally prevents her from walking. Plaintiff testified that she is restricted in what she can eat. Plaintiff testified that she began having these problems in 2005, two years prior to her testimony.

Plaintiff testified that she continues to see a chiropractor two times a week due to her continued pain. Plaintiff testified that she can walk and participate in low-impact exercise, but that she cannot dance, horseback ride, or play tennis. Plaintiff testified that she cannot lift heavy packages or stand for long periods of time.

Dr. Joel Retsky testified that he treated plaintiff and diagnosed her with Crohn’s disease of the small and large intestine. Dr. Retsky explained that Crohn’s disease is an inflammatory condition of the intestinal tract, which can occur anywhere from the mouth down to the anal opening. Dr. Retsky testified that it is not established how Crohn’s disease develops, but that it probably has to do with an overactive immune system and certain triggers that set it off. Dr. Retsky explained that it has to do with a predisposition where an individual has certain genes that make her likely to develop the disease. Dr. Retsky testified that the generally accepted medical triggers for Crohn’s disease for an individual who has a genetic susceptibility to it are smoking, gastrointestinal infection, and the use of nonsteroidal anti-inflammatory drugs (NSAIDs). Dr. Retsky testified that his opinion was that plaintiff’s Crohn’s disease was triggered by her taking NSAIDs after the automobile collision.

Dr. Russell Glantz, a neurologist, testified as defendant’s medical expert in this case. Dr. Glantz testified that he reviewed plaintiff’s physical therapy records, MRI reports, and medical records, including those from Dr. Starr, Dr. Gireesan and Dr. Blonsky. Dr.

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Cite This Page — Counsel Stack

Bluebook (online)
906 N.E.2d 1222, 391 Ill. App. 3d 117, 329 Ill. Dec. 611, 2009 Ill. App. LEXIS 233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stamp-v-sylvan-illappct-2009.