Williams v. Commonwealth Edison Co.

596 N.E.2d 759, 232 Ill. App. 3d 85, 173 Ill. Dec. 135, 1992 Ill. App. LEXIS 1072
CourtAppellate Court of Illinois
DecidedJuly 6, 1992
Docket1-90-3286
StatusPublished
Cited by7 cases

This text of 596 N.E.2d 759 (Williams v. Commonwealth Edison Co.) 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
Williams v. Commonwealth Edison Co., 596 N.E.2d 759, 232 Ill. App. 3d 85, 173 Ill. Dec. 135, 1992 Ill. App. LEXIS 1072 (Ill. Ct. App. 1992).

Opinion

JUSTICE MANNING

delivered the opinion of the court:

This is an appeal from a jury verdict entered in favor of plaintiff Robert Williams and against defendant Commonwealth Edison. Plaintiff was injured while working on defendant’s premises as a subcontractor. The jury entered a verdict in favor of plaintiff in the amount of $221,500, which was reduced to $155,325 based on his comparative negligence. The itemized verdict included nothing for present or future disability, $41,000 for pain and suffering, $10,000 for medical expenses, and $221,000 for past and future lost wages.

Plaintiff Robert Williams was employed with Morrison Construction Company as a millwright. On December 11, 1982, he worked at the defendant Commonwealth Edison’s nuclear power plant and conducted a bearing inspection. While there, plaintiff observed oil on the floor near the area in which he was working. Plaintiff testified that there was “oil dry” (an absorbent) on the floor but that there were no absorbent mats for the oil. Plaintiff stated that the area was slippery and dangerous. Plaintiff testified that a co-worker requested that the area be cleaned, but that his request was never honored.

Later that afternoon, plaintiff and his co-worker left for lunch. They approached the stairs, where they noticed that oil remained on the floor and around the pump where they had worked. As plaintiff walked down the stairs he slipped, hit the handrail, and fell to the lower deck. Plaintiff testified that he twisted his left leg and knee.

Plaintiff did not remember whether he wiped his feet before leaving the pump area, but after the fall he noticed that the sole of his shoe was shiny with oil. He stated that he did not see any oil on the stairs. A co-worker testified that both he and plaintiff had wiped their feet before leaving the area.

Plaintiff was first treated for his knee injury by Dr. Bettasso on December 16, 1982, and again on December 27, 1982. Dr. Bettasso ordered an arthrogram, which was performed December 30, 1982. After the arthrogram was completed, Dr. Bettasso referred plaintiff to Dr. Choy, a bone specialist. Dr. Choy saw plaintiff twice in January 1983 and advised him that he and Dr. Bettasso would perform an operation on plaintiff’s knee.

After seeing Dr. Choy in early January 1983 plaintiff saw Dr. Pa-proski, a knee specialist, who performed an operation on plaintiff’s knee January 20, 1983. Plaintiff remained off work from that time until March 22, 1983, when he was released to return to work. He returned to work as a millwright on March 12, 1983, and continued to receive therapy weekly for the knee. The knee problem interfered with his ability to perform all the duties of a millwright that he had performed before the fall.

Plaintiff was next treated by Dr. Pinzer in the fall of 1983. At that time, he received an injection to freeze the knee. He was also treated by Dr. Loyal for that same injury.

Plaintiff returned to see Dr. Paproski on December 15, 1983. On January 20, 1984, Paproski admitted plaintiff into the hospital and performed a second knee operation. Plaintiff received follow-up therapy until May of 1984 when he was released to return to work.

Plaintiff testified that after the second operation, he continued to experience pain to his knee. He was unable to kneel for any length of time, could not walk beams or climb ladders, and felt pain if he bumped his knee. Plaintiff testified that the work of a millwright required that he be able to perform all these duties. Plaintiff testified that he turned down several job offers at other locations because they involved climbing and the injury prohibited him from doing so. Plaintiff was off work for two periods of time due to the injury. He was first off work from January 20, 1983, through March 15, 1983, and again from January 25,1984, through May 23,1984.

Plaintiff stated that his earnings also decreased after the injury. In 1981 he earned $47,000 and $46,000 in 1982. In 1983 he earned $16,000, and about $12,000 in 1984. Plaintiff earned $12,000 in 1985 and $17,000 in 1986. He earned $20,000 in 1987 and $17,000 in 1988. Plaintiff testified that he was not able to perform the work that he once did, and that he never earned the $44,000 which he earned before the injury.

At trial, Dr. Rentschler testified as an expert witness on behalf of plaintiff. He treated plaintiff in 1986 and diagnosed plaintiff to have a neuroma on the left knee. Dr. Rentschler also opined that at the time of his first surgery, plaintiff had chondromalacia. He further opined that plaintiff’s knee was in the post-operative state following the two surgeries. Dr. Rentschler opined that plaintiff’s left knee pathology was permanent. He stated that the pain plaintiff experienced in kneeling and squatting, and pressure to the knee, were caused by the trauma to his knee resulting from the injury in December 1982. Dr. Rentschler opined that plaintiff would have difficulty working in the position of millwright as that position involved squatting and kneeling.

Dr. Milgram testified that he treated plaintiff in April 1987. He also reviewed Dr. Paproski’s operative report dated January 1983 and the medical notes indicated that plaintiff had chondromalacia (softening of cartilage) at the time of an arthroscopic procedure. Dr. Mil-gram stated that the disease probably took years to develop. Dr. Mil-gram opined that the disease in plaintiff’s knee was not caused by the December 1982 injury. He stated that the injury preexisted and could not have occurred in six weeks. Dr. Milgram also noted that Dr. Pa-proski’s report did not include a finding that plaintiff had a neuroma, and in his opinion plaintiff did not have a neuroma.

At the end of plaintiff’s case, defendant moved for a directed verdict. The court denied this motion. At the end of defendant’s case, defense counsel tendered Illinois Pattern Jury Instructions, Civil, No. 5.01 (2d ed. 1971) (hereinafter IPI Civil 2d), which allows an adverse inference to be drawn if a party fails to call a witness. The court refused to give the jury that instruction, and also instructed defense counsel not to comment on that issue during closing argument. Defense counsel also objected to instructions on future lost wages on the grounds that plaintiff did not prove future wage loss and had not claimed any future wage loss in his answers to interrogatories. The court also overruled this objection.

The jury returned an itemized verdict which awarded nothing for present or future disability, $41,000 for pain and suffering, $10,000 for medical expenses, and $221,000 for past and future lost income. The jury also found plaintiff 43% negligent and reduced the gross verdict from $272,500 to $155,325. By special interrogatories the jury found defendant was negligent. Defendant’s post-trial motion was denied, and judgment was entered on the verdict. Defendant appealed this judgment.

On appeal defendant argues that: (1) the verdict and judgment were fatally inconsistent because the jury awarded future lost wages without finding that plaintiff had suffered any disability; (2) the trial court erred in refusing to tender IPI Civil 2d No.

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Cite This Page — Counsel Stack

Bluebook (online)
596 N.E.2d 759, 232 Ill. App. 3d 85, 173 Ill. Dec. 135, 1992 Ill. App. LEXIS 1072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-commonwealth-edison-co-illappct-1992.