Claro v. DeLong
2016 IL App (5th) 150557
| Ill. App. Ct. | 2016Background
- On Jan. 11, 2013, plaintiff Larry Claro was rear-ended while stopped at a light; defendant Shirley DeLong admitted liability before trial.
- The trial was limited to damages; the jury returned a general verdict in favor of defendant (no damages awarded).
- Claro continued working but developed persistent right neck/shoulder pain; initially treated by chiropractor Dr. Dale Fischer, then by orthopedic spine surgeon Dr. Matthew Gornet.
- Imaging (MRIs) showed cervical herniations (C5-6 — related to the accident; C6-7 — degenerative).
- Treating physicians testified within a reasonable degree of medical certainty that Claro’s symptoms and need for treatment were caused by the collision; defense offered no contrary medical opinion.
- The trial court denied Claro’s motion for judgment n.o.v.; Claro appealed arguing the general verdict was against the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jury's general verdict for defendant was against the manifest weight of the evidence | Claro: defendant admitted liability and uncontroverted medical testimony causally linked injuries to the crash; a verdict for no damages is unreasonable | DeLong: jury could reasonably conclude Claro’s injuries were not proximately caused by the accident (degeneration/prior injury issues and delay in treatment) | Reversed: the verdict was against the manifest weight; record overwhelmingly established causation and damages; remand for new trial on damages only |
Key Cases Cited
- Maple v. Gustafson, 151 Ill.2d 445 (discussing standard for setting aside verdict as against manifest weight of the evidence)
- Mizowek v. De Franco, 64 Ill.2d 303 (same principle on appellate review when verdict is contrary to manifest weight)