Marxmiller v. Champaign-Urbana Mass Transit District
90 N.E.3d 1064
Ill. App. Ct.2018Background
- On Feb. 25, 2015 Patricia J. Marxmiller was struck by a CUMTD bus; her legs were amputated. She sued for personal injuries; her husband sued for loss of consortium.
- Defendant pleaded comparative fault as an affirmative defense. Parties filed cross-motions for partial summary judgment before trial.
- The trial court granted plaintiffs’ summary determination that CUMTD’s negligence proximately caused Patricia’s injuries and that she could be no more than 50% at fault, but declined to find she was entirely free of fault.
- After those rulings defendant amended its answer and omitted the comparative-fault defense; the trial became one on damages only.
- At trial the court instructed the jury that the court had found defendant liable (IPI 1.02) and submitted a verdict form that separately itemized emotional distress and pain-and-suffering awards.
- The jury awarded Patricia ~$9.42 million (including $1.5M for emotional distress and $1M for pain and suffering) and awarded Ken $450,000; defendant appealed arguing two instructional errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IPI 1.02 (pre‑trial judicial determination of liability) was improper vs. giving IPI 1.03B (admission of fault) | Court’s summary rulings established liability; IPI 1.02 accurately informs jury liability is resolved | Defendant had effectively admitted negligence and causation by withdrawing comparative fault; IPI 1.03B would better reflect that concession | Affirmed: IPI 1.02 was proper because negligence and proximate cause were established by court summary determinations, not by defendant’s admission; no prejudice shown |
| Whether separately awarding emotional distress and pain & suffering permitted duplicative recovery | Separate lines followed IPI and were permissible; jury presumed to follow instructions | Emotional distress is a form of suffering; separate lines risk double recovery and are misleading | Affirmed: although separate itemization risks duplication, record shows jury did not double recover (award for emotional distress exceeded pain & suffering), and no prejudice proven |
Key Cases Cited
- Powers v. Illinois Central Gulf R.R. Co., 91 Ill. 2d 375 (1982) (IPI elements are not sacrosanct; error to treat overlapping elements as separately compensable)
- Galyean v. Duncan, 125 Ill. App. 3d 464 (1984) (instructions must not mislead jury into duplicative awards)
- Holston v. Sisters of the Third Order of St. Francis, 247 Ill. App. 3d 985 (1993) (mental suffering as compensable form of suffering)
- Auton v. Logan Landfill, Inc., 105 Ill. 2d 537 (1984) (party who desires alternative instruction must tender it or generally forfeits that claim on appeal)
- Alvis v. Ribar, 85 Ill. 2d 1 (1981) (discussion of comparative negligence principles)
- Johnson v. Burlington Northern, Inc., 107 Ill. App. 3d 130 (1982) (elements required to establish negligence)