Anderson v. Zamir

No. 5-08-0542 · Appellate Court of Illinois, Fifth District · June 22, 2010 · No. No. 5-08-0542

Summary

The Illinois Appellate Court, Fifth District, held that the jury's $12,500 damages award in a motor vehicle accident case bore no reasonable relationship to the plaintiff's established injuries and medical expenses. Because the only medical testimony supported a causal connection between the accident and the plaintiff's shoulder injury, the court concluded that the trial court abused its discretion in denying a new trial. The judgment was reversed, and the cause was remanded for a new trial on damages.

Holdings

  1. The trial court abused its discretion by upholding a damages award that bore no reasonable relationship to the injuries established at trial; the denial of a new trial was therefore reversible error.
  2. The jury could not arbitrarily disregard the unimpeached, uncontradicted medical testimony establishing that Anderson's shoulder injury resulted from the accident and that the related treatment and bills were necessary and reasonable.

Questions Presented

  1. Whether the trial court abused its discretion by denying Anderson's motion for a new trial when the jury's damages award bore no reasonable relationship to the injuries and medical expenses established by the evidence.
  2. Whether the jury could disregard the uncontradicted medical testimony linking Anderson's shoulder injury and related medical bills to the motor-vehicle accident.

Disposition

reversed_and_remanded

Cases Cited (9)

  • Maple v. Gustafson, 151 Ill. 2d 445, 455, 603 N.E.2d 508, 513 (1992)(followed)
  • Lee v. Chicago Transit Authority, 152 Ill. 2d 432, 470, 605 N.E.2d 493, 509-10 (1992)(followed)
  • Zuder v. Gibson, 288 Ill. App. 3d 329, 334, 680 N.E.2d 483, 487 (1997)(followed)
  • Epping v. Commonwealth Edison Co., 315 Ill. App. 3d 1069, 1072, 734 N.E.2d 916, 918 (2000)(followed)
  • Richardson v. Chapman, 175 Ill. 2d 98, 114, 676 N.E.2d 621, 628 (1997)(followed)
  • Gill v. Foster, 157 Ill. 2d 304, 315, 626 N.E.2d 190, 195 (1993)(followed)
  • Baker v. Hutson, 333 Ill. App. 3d 486, 493, 775 N.E.2d 631, 637 (2002)(followed)
  • Larson v. Glos, 235 Ill. 584, 587, 85 N.E. 926, 927 (1908)(followed)
  • People ex rel. Brown v. Baker, 88 Ill. 2d 81, 85, 430 N.E.2d 1126, 1127 (1981)(followed)

Cited In (0)

No citing cases on record yet.

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