942 F. Supp. 2d 867
C.D. Ill.2013Background
- On July 30, 2011, a semi-tractor trailer driven by Defendant Austin collided with a vehicle, killing Curtis Hammond, Sr. and Eileen Hammond.
- Plaintiff Curtis J. Hammond, Jr., as Administrator of the Estates, filed a ten-count First Amended Complaint against Defendants.
- Defendants admitted liability for the wrongful death claims but contested the extent of damages under the Illinois Wrongful Death Act.
- Counts IX and X seek recovery under the Illinois Survival Act; defense moves for summary judgment on these claims.
- Defendants moved in limine to bar evidence of the accident’s circumstances; Defendants also moved for a protective order restricting Austin’s deposition.
- The court analyzes damages under the amended Wrongful Death Act and the Erie framework for admissibility of evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether manner of death evidence is admissible for grief damages | Hammonds argue amended Act includes grief and mental suffering; manner of death is relevant. | Bullard excludes such evidence as immaterial; remains outside damages. | Manner-of-death evidence is relevant; Bullard is procedural and not binding. |
| What evidence is relevant under FRE after Erie for damages | state statute expands damages; relevant to emotional injuries. | should exclude non-pecuniary details of accident. | Apply Illinois substantive law to scope of damages; apply FRE for admissibility. |
| Whether pre-collision negligent acts are relevant to damages | negligence surrounding the death may influence grief. | damages arise from death, not pre-death negligence. | Pre-collision negligence evidence is irrelevant and excluded. |
| Whether Austin deposition should be allowed and scope | deposition could yield evidence for Counts IX and X. | precludes broad deposition due to relevance limits. | Deposition allowed but limited; pre-collision questions restricted. |
Key Cases Cited
- Bullard v. Barnes, 102 Ill.2d 505 (1984) (state evidentiary rule; relevance of accident circumstances is procedural)
- In re Air Crash Disaster Near Chi, Ill. on May 25, 1979, 701 F.2d 1189 (7th Cir. 1983) (federal procedure and state-substance interplay under Erie)
- Campbell v. Keystone Aerial Surveys, Inc., 138 F.3d 996 (5th Cir. 1998) (mental anguish evidence not strictly excluded under Rule 402)
- Sea-Land Servs., Inc. v. Gaudet, 414 U.S. 573 (1974) (distinguishes loss of society from mental anguish; damages framework)
- Dougherty v. Cole, 401 Ill.App.3d 341 (2010) (implications for manner-of-death damages under amended Act)