Stift v. Lizzadro

841 N.E.2d 126, 362 Ill. App. 3d 1019, 298 Ill. Dec. 983, 2005 Ill. App. LEXIS 1189
Appellate Court of Illinois·Decided December 5, 2005·No. 1-04-2094·Published·Cited by 46 cases

Opinion

JUSTICE GORDON

delivered the opinion of the court:

Plaintiff-appellant, Rosalind M. Stift, brought suit against defendant-appellee Rosemary Lizzadro, for injuries from an automobile collision allegedly caused by Lizzadro’s negligence. Lizzadro denied any negligence and alleged that Stiffs injuries were caused by her own negligence. The case was tried before a jury, which returned a verdict in favor of Stift and awarded $40,000 for pain and suffering, $0 for loss of normal life experienced, $0 for loss of normal life reasonably certain to be experienced in the future, $26,646.96 for medical expenses, and $0 for disfigurement. However, the jury also found that Stift was 35% contributorily negligent and her award was decreased by that percentage. Stift raises three issues on appeal: whether the trial court erred in refusing to submit an instruction to the jury regarding future pain and suffering, whether the trial court’s denial of her motion for a new trial on the issue of damages was an abuse of discretion, and whether the jury’s determination that she was 35% at fault was against the manifest weight of the evidence. For the reasons that follow, we affirm.

I. BACKGROUND

There is no dispute that on May 21, 2000, a collision between an automobile driven by Stift and one driven by Lizzadro occurred in Oak Brook, Illinois. Stift was traveling east in the left-most lane of the three eastbound lanes of 22nd Street near Jorie Boulevard. Lizzadro was traveling north on Jorie Boulevard, turned right onto eastbound 22nd Street, and then crossed through the middle lane and into the left lane where the collision occurred.

At trial, Lizzadro testified that she came to a complete stop at a red light at the intersection of Jorie Boulevard and 22nd Street, that she looked left, did not see any oncoming traffic, and then proceeded to make a right turn onto 22nd Street. She further stated that after entering the right lane of 22nd Street she did not see any traffic and then crossed through the center lane and into the left lane. She then stated that she was going straight in the left lane when she heard and felt three successive impacts near the back of her car. Lizzadro then looked back and saw a car rolling over the median.

Stift testified that she was traveling in the left lane of 22nd Street, that as she approached the intersection with Jorie Boulevard the traffic light facing her was red and she took her foot off the accelerator, that before she got to the intersection her light turned green, and that she then began to accelerate through the intersection, reaching a speed of approximately 40 miles per hour. Stift further stated that she did not think Lizzadro stopped at the intersection of Jorie Boulevard and 22nd Street and that Lizzadro accelerated across two lanes into her lane. Stift also stated that the rear left side of Lizzadro’s car collided with the front of her car. Stift next testified that she did not apply her breaks until after the impact, when her car ran into the raised median and started to roll.

Officer Mark Kozlowski testified that he came upon the scene of the accident after seeing the lights of Stiff’s car facing eastbound on westbound 22nd Street. He stated that there was extensive damage to Stiffs car and that there was damages to the rear and left corner side of Lizzadro’s car. According to Kozlowski, he spoke with Lizzadro and she was unable to tell him the color of the light on Jorie Boulevard before she turned onto 22nd Street. Officer Kozlowski further testified that he observed skid marks which he concluded to be from Stiffs automobile in the left lane of eastbound 22nd Street 20 to 40 feet east of the intersection running continuously for 40 to 60 feet. He concluded that Lizzadro, as the northbound driver stopped on Jorie Boulevard at the intersection with 22nd Street, could have seen 22nd Street to the left for more than 100 feet. He also stated that the speed limit on 22nd Street is 40 miles per hour and that the intersection with Jorie Boulevard is on the crest of a small hill.

Mildred Mesi testified that she was a passenger in Lizzadro’s car at the time of the accident. She stated that she was seated in the back of the vehicle behind the driver’s seat and that Lizzadro stopped at the red light at Jorie Boulevard before turning onto 22nd Street. Mesi further stated that she looked to the left at the intersection and did not see any traffic coming from the west. Mesi next testified that after Lizzadro turned right onto 22nd Street and proceeded into the left lane, she felt three “thumps” coming from the rear left of the automobile.

With regard to her injuries, Stift testified that she had no physical problems prior to the accident and that she had previously participated in sports and exercise. She further stated that she immediately had pain in her neck and left shoulder after her car came to a stop following the collision. She was brought to the emergency room by ambulance but was released the same day. Stift later saw Dr. Mawaha, who prescribed muscle relaxants that she said “really didn’t help that much.”

Stift next saw Dr. Fortier at a rehabilitation clinic in Addison, Illinois, where she was given hot and cold treatments, as well as chiropractic, massage, and other therapies. She stated that she received no permanent relief from Dr. Fortier’s treatments. Stift stopped seeing Dr. Fortier after three to four months.

Stift then testified that at the recommendation of her lawyer, she next saw Dr. Beatty with regard to her continuing pain. According to Stift, Dr. Beatty ran numerous tests on her including a CT scan, multiple MRIs, a bone scan and a myelogram. Dr. Beatty performed surgery on a muscle in her neck on January 11, 2002. The surgery left a scar on her neck which was published to the jury. The scar is not described in the record or by the parties other than the fact that it is on her neck and is permanent. Stift did not testify that the scar bothered her in any way. Stift testified that the surgery relieved some of her pain, but that she had “lots of tingling” around the incision and in her shoulder, and still had “back problems” when getting out of bed. Stift also testified as to her ongoing pain as of the date of the trial:

“I still get migraines. I still have a lot of back pain in my upper area and depending on what kind of things I do, activities I have really depends on the amount of pain it is. My shoulder pain is gone. I don’t have tingling that runs down my arm anymore but a lot of neck pain and migraines.”

Stift further stated that she avoided sports and exercise after the collision because she “haLdJ trouble doing them” and they “[didn’t] agree with [her] back.” Additionally, she stated that she had difficulty taking deep breaths “here and there,” and that she avoided “activities” that would force her to take deep breaths. However, during Lizaddro’s cross-examination of Stift, she admitted that she worked as a pool attendant during the summer of 2001, between the time of her first appointment with Dr. Beatty and the January 2002 surgery.

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

Stift v. Lizzadro, 841 N.E.2d 126, 362 Ill. App. 3d 1019, 298 Ill. Dec. 983, 2005 Ill. App. LEXIS 1189 (Ill. Ct. App. 2005).

841 N.E.2d 126 (Stift v. Lizzadro) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Grudecki v. Young
2025 IL App (2d) 240551-U (Appellate Court of Illinois, 2025)
Fitzsimmons v. Frechette
N.D. Illinois, 2025
Delgaado v. Rockford Memorial Hospital
2025 IL App (4th) 240804-U (Appellate Court of Illinois, 2025)
Johansen v. Menard, Inc.
2024 IL App (1st) 232396-U (Appellate Court of Illinois, 2024)
Schonfeld v. Tortorici
2024 IL App (1st) 231585-U (Appellate Court of Illinois, 2024)
Arteaga v. Watson
2024 IL App (2d) 220406-U (Appellate Court of Illinois, 2024)
Griffin v. Prairie Dog Limited Partnership
2019 IL App (1st) 173070 (Appellate Court of Illinois, 2019)
Stanford v. City of Flora
2018 IL App (5th) 160115 (Appellate Court of Illinois, 2018)
Trcka v. United States
N.D. Illinois, 2018
Stanford v. City of Flora & Flora Chamber of Commerce
2018 IL App (5th) 160115 (Appellate Court of Illinois, 2018)
Logan v. U.S. Bank
2016 IL App (1st) 152549 (Appellate Court of Illinois, 2016)
Cipolla v. The Village of Oak Lawn
2015 IL App (1st) 132228 (Appellate Court of Illinois, 2015)
Grainger v. Harrah's Casino
2014 IL App (3d) 130029 (Appellate Court of Illinois, 2014)
Vanoosting v. Sellars
2012 IL App (5th) 110365 (Appellate Court of Illinois, 2012)
Burcham v. West Bend Mut. Ins. Co.
2011 IL App (2d) 101035 (Appellate Court of Illinois, 2011)
Burcham v. West Band Mutual Insurance Company
2011 IL App (2d) 101035 (Appellate Court of Illinois, 2011)
Balough v. Northeast Illinois Regional Commuter Railroad
950 N.E.2d 680 (Appellate Court of Illinois, 2011)
Stapleton Ex Rel. Clark v. Moore
932 N.E.2d 487 (Appellate Court of Illinois, 2010)
Stapleton v. Moore
Appellate Court of Illinois, 2010