Graham v. Northwestern Memorial Hosp.
965 N.E.2d 611
Ill. App. Ct.2012Background
- Plaintiff Karen Graham, as independent administrator of Marilee Graham’s estate, sued Northwestern Memorial Hospital for wrongful death resulting from Marilee’s suicide during inpatient treatment.
- Marilee, a 49-year-old with a history of mental illness, was involuntarily admitted and transported from Swedish Covenant Hospital to Northwestern Memorial for in-patient care on Aug. 6, 2004.
- Marilee had previously attempted suicide; she was placed in restraints and medicated during the Northwestern stay, with ongoing visual observations by staff.
- The suicide occurred at approximately 9:45 p.m. on Aug. 6, 2004, when Marilee hanged herself in a bathroom using a bedsheet; staff discovered and attempted resuscitation unsuccessfully.
- A jury held Northwestern liable and awarded $490,196 in damages, with Marilee deemed 49% at fault, reducing the award to $250,000; a pretrial codefendant settlement left Northwestern with no liability share.
- The circuit court granted a new trial on damages only, finding erroneous contributory negligence instructions and alleged defense counsel misconduct.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether contributory negligence instruction was appropriate. | Graham argues Marilee’s mental illness precludes contributory negligence as a matter of law. | Northwestern contends the court properly instructed on contributory negligence under Hobart. | Court upheld the order granting a new trial on contributory negligence. |
| Whether defense counsel misconduct justified a new trial. | Graham asserts misconduct biased the jury. | Northwestern claims no prejudicial misconduct occurred. | Court found no substantial prejudice and reversed on this ground. |
| Whether a new trial on damages alone was proper. | Damages could be properly retried without re litigating liability. | Damages-only retrial should align with erroneous instruction. | Court concluded entire trial must be retried; remanded for a new trial on all issues. |
Key Cases Cited
- Hobart v. Shin, 185 Ill.2d 283 (Ill. 1998) (standard for depriving contributory negligence instruction; mentally ill must be completely devoid of reason only in rare cases)
- Mulhern v. Catholic Health Initiatives, 799 N.W.2d 104 (Iowa 2011) (cites Hobart; not custodial case; rare scenario for no contributory negligence)
- Junker v. Ziegler, 113 Ill.2d 332 (Ill. 1986) (remedy for erroneous contributory negligence instruction; generally not damages-only repair)
- Balestri v. Terminal Freight Coop. Assn., 76 Ill.2d 451 (Ill. 1979) (new trial on damages where liability verdict is supported but instruction tainted damages")