Cobige v. City of Chicago, Ill.
2011 U.S. App. LEXIS 14253
| 7th Cir. | 2011Background
- Cobige died in a police lockup from a heart arrhythmia after arrest on June 10, 2006, with death around June 12, 1:30 A.M.
- Cellmate and deputies testified Cobige experienced severe abdominal pain during confinement, and Dr. Fintel linked pain to increased epinephrine and Cobige’s ventricular hypertrophy.
- Defendants allegedly failed to provide timely medical care; trial awarded $5,000,000 compensatory and $4,000 in punitive damages to Maurice Cobige, Patricia’s son and estate representative.
- Plaintiff’s claim relies on the eggshell skull rule: a tortfeasor is liable for the full extent of damages caused by a preexisting vulnerability.
- The district court admitted some medical-evidence testimony and excluded evidence about Cobige’s drug addiction and prior convictions; verdicts were later challenged on damages and evidentiary grounds.
- The verdict form was ambiguous as to whether damages were cumulative or alternative; court remanded for a new damages-only trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation under eggshell skull doctrine | Cobige’s vulnerability (ventricular hypertrophy) caused greater damage from pain | Pain episodes and death could not be causally tied to officer neglect | Causation properly submitted; jury could find liability under eggshell skull rule |
| Admissibility of expert testimony on hospital care | Dr. Fintel’s opinion on urgent hospital care is relevant medical expertise | Testimony extends beyond police procedures | Admissible; weight for jury to assess due to intersection of medicine and procedures |
| Admissibility of Cobige’s drug/arrest history evidence under Rule 404(b) and 609 | Evidence relevant to damages and character context | Evidence of prior crimes misused to attack character | Excluded evidence improper for damages in wrongful-death context; district court erred |
| Damages evidence and assessment | Emotional damages and loss of companionship should reflect Cobige’s life and role | Prior conduct should limit damages | Evidentiary error affected damages; new damages-only trial required |
| Judgment form and remand scope | Ambiguity in damages award warrants correction | Remand unnecessary beyond damages issue | Remand for damages-only new trial; affirm liability |
Key Cases Cited
- Colonial Inn Motor Lodge ex rel. Cincinnati Insurance Co. v. Gay, 288 Ill. App. 3d 32 (Ill. App. 1997) (eggshell skull rule applies to tort damages in Illinois)
- Prosser & Keeton on Torts, Prosser & Keeton on Torts §43 (5th ed. 1984) (treatment of damages and causation principles)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference standard under §1983)
- Portis v. Chicago, 613 F.3d 702 (7th Cir. 2010) (police procedures and admissibility considerations)
- Thomas v. Cook County Sheriff’s Department, 604 F.3d 293 (7th Cir. 2010) (verdict-form simplicity; guidance for damages-ordering)
- Gasoline Products Co. v. Champlin Refining Co., 283 U.S. 494 (U.S. 1931) (new-trial scope limited to damages when liability and remedy are separable)
- Pleasance v. Chicago, 396 Ill. App. 3d 821 (Ill. App. 2009) (emotional damages and familial ties relevant to damages)