Graham v. Northwestern Memorial Hospital
2012 IL App (1st) 102609
Ill. App. Ct.2012Background
- Marilee Graham, involuntarily hospitalised for mental illness, died by suicide in Northwestern Memorial Hospital's psychiatric unit; trial found hospital liable and awarded $490,196, reduced to $250,000 due to 49% fault assigned to Marilee; circuit court granted a new trial on damages after determining the jury should not have been instructed on contributory negligence and finding prejudice from defense counsel, limiting the new trial to damages; on appeal, Northwestern Memorial challenges (1) the contributory-negligence instruction, (2) alleged defense-counsel misconduct, and (3) the remedy of damages-only new trial; panel affirmed liability verdict but reversed damages-only remedy and remanded for a new trial on all issues; underlying facts describe the care and observations of Marilee on August 6, 2004, including restraints, medications, and eventual suicide.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the contributory-negligence instruction was appropriate | Graham contends the court erred in instructing on contributory negligence. | Northwestern Memorial asserts Marilee’s state justified withholding contributory negligence instruction. | The court reversed the new-trial grant on this ground and remanded for a complete trial. |
| Whether defense-counsel misconduct warranted a new trial | Graham argues misconduct prejudiced the jury. | Northwestern Memorial contends no substantial prejudice shown. | The court reversed the new-trial grant based on misconduct. |
| Whether a damages-only new trial was proper | Damages should be retried separately if at all; the record shows impairment of liability and damages separation. | A damages-only retrial could be appropriate if liability is adequately supported. | Court held damages-only retrial was improper and ordered a new trial on all issues. |
Key Cases Cited
- Hobart v. Shin, 185 Ill. 2d 283 (Ill. 1998) (contributory negligence for mentally ill suicide cases; rare exception where devoid of reason)
- Junker v. Ziegler, 113 Ill. 2d 332 (Ill. 1986) (remedial scope of new trial where instruction errors taint liability and damages)
- Mulhern v. Catholic Health Initiatives, 799 N.W.2d 104 (Iowa 2011) (rare custodial cases; devoid-of-reason standard applied case-by-case)
- Balestri v. Terminal Freight Cooperative Ass’n, 76 Ill. 2d 451 (Ill. 1979) (damages-only new trial exception framework)
- Robbins v. Professional Construction Co., 72 Ill.2d 215 (Ill. 1978) (standard to grant new trial on damages when liability and damages are separable)