Benford v. Everett Commons, LLC.
10 N.E.3d 354
Ill. App. Ct.2014Background
- Plaintiff Pamela Benford leased 5525 S Everett St, Chicago, from Everett Commons, LLC (June 2011–May 2012).
- In May 2011 rust-colored water leaked into her unit, allegedly from a radiator pipe in the unit above; mold developed.
- Plaintiff alleged RLTO violations and breach of the implied warranty of habitability; sought damages for destroyed personal property.
- At trial, the court directed a verdict for defendant on property damage; jury awarded $0 damages to plaintiff.
- Plaintiff’s receipts for replacement purchases were excluded; replacement-value evidence barred; FMV proof remained lacking.
- On appeal, the court remands for correction of the judgment order reflecting the jury verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by barring lay testimony on property damage | Benford’s testimony sufficed on FMV and ordinary items | FMV requires investigation, receipts, and expert basis | No error; directed verdict proper for lack of FMV proof. |
| Whether the jury verdict was against the manifest weight of the evidence | Mold and medical costs shown; jury should award damages | Posttrial motions did not raise manifest-weight claim | Forfeited; not preserved for review. |
| Whether the verdict was legally inconsistent as to liability and damages | Jury found liability for plaintiff with zero damages | Judgment reflected form error | Remand to correct judgment; verdict not irreconcilable as to liability. |
| Whether the motion taken with the case and transcript supplementation was proper | Transcripts necessary; costs should be borne by defendant | Transcripts omission; cost should be borne by plaintiff | Transcripts cost borne by plaintiff; record supplementation denied to defendant. |
Key Cases Cited
- Harris v. Peters, 274 Ill. App. 3d 206 (1995) (FMV and depreciation principles for property damage)
- Jankoski v. Preiser Animal Hospital, Ltd., 157 Ill. App. 3d 818 (1987) (FMV proof required for property loss; replacement costs insufficient)
- First National Bank of Elgin v. Dusold, 180 Ill. App. 3d 714 (1989) (damages must be proven to a reasonable degree of certainty)
- Beasley v. Pelmore, 259 Ill. App. 3d 513 (1994) (damages measured by fair market value near time of loss)
- Buckholtz v. MacNeal Hospital, 337 Ill. App. 3d 163 (2003) (directed verdict standard; overwhelming evidence rule)
- Pedrick v. Peoria & Eastern R.R. Co., 37 Ill. 2d 494 (1967) (standard for directed verdicts and evidence evaluation)
- Lagestee v. Days Inn Management Co., 303 Ill. App. 3d 935 (1999) (jury cannot base verdict on conjecture or speculation)
- Theofanis v. Sarrafi, 339 Ill. App. 3d 460 (2003) (amendment of verdict form; substance vs form)
- Crowell v. Parrish, 159 Ill. App. 3d 604 (1987) (verdict form correction principles; avoid substitution of judgment)
- Bakes v. St. Alexius Medical Center, 2011 IL App (1st) 101646 (2011) (preservation and form vs substance in posttrial review)