HUNDLEY LAW GROUP » 5th Dist

Dobyns v. Chung, M.D.

HLG — Mon, 26 Apr 2010 17:15:58 +0000

Dobyns v. Chung, M.D. , No. 5-07-0568 (April 7, 2010) Dealing a blow to the plaintiff’s decedent in a wrongful death case filed by widower alleging that the defendant physician over-prescribed narcotics and failed to adequately warn her about risk the of harm from taking several kinds together, the Fifth District of the Illinois Appellate Court upheld the jury’s $100,000 verdict to the husband their two children, reduced by 50% for contributory negligence for a total of $50,000. The court found that the verdict was not manifestly inadequate, despite the fact that the defense counsel had remarked during closing that if the jury found the doctor negligent, a verdict of about $1 million would be fair. According to the majority, one cannot engage in a “mathematical computation” and compare similar wrongful death verdicts in the state. In dissent, however, Justice Chapman stated that despite the great deference to be give to jury verdicts, an award of “$100,000 divided among the three survivors . . . trivializes the impact her death had on her family.”

Kaiser v. Doll-Pollard

HLG — Tue, 23 Feb 2010 17:43:11 +0000

Kaiser v. Doll-Pollard , No. 5-08-0247 (February 11, 2010). Court held that Plaintiff who underwent surgery at hospital in Clinton County (the complications of which were the subject of the suit) but was then transferred to a hospital in St. Clair County to diagnose and treat the resulting problems, could bring suit in St. Clair County. Since postoperative care there was integral part of the surgery Defendant physician performed in Clinton County hospital, and since considerable evidence regarding cause and extent of Plaintiff’s injuries will come from St. Clair County she was not engaged in “forum-shopping” by choosing St. Clair as her preferred venue.

Jablonski v. Ford Motor Company

HLG — Wed, 10 Feb 2010 22:02:41 +0000

Jablonski v. Ford Motor Company, No. 5-05-0723 (February 1, 2010). A jury verdict for $43 million, including $15 million in punitive damages is upheld in this products liability action. Plaintiffs, in 1993 Lincoln Town Car, were rear-ended in dead center of car, at about 60 mph; fuel tank was crushed, and pipe wrench in trunk pierced fuel tank and caught fire immediately; both were severely burned and one Plaintiff died.Notably, the court declined to extend due-process analysis of excessive punitive-damage awards to liability for punitive damages. Court concluded both parties received fair trial, as jury heard extensive evidence from both sides, and contested issues were fully and fairly presented.

Also of note: (1) The Court held that Defendant failed to submit special interrogatories and thus cannot claim prejudice on claim alleged to be unsupported by sufficient evidence; and (2) Plaintiff was allowed to admit evidence of Defendant’s pre-injury, post-sale safety improvements, as policy considerations that bar admission of post-accident remedial measures are inapplicable.