Watson v. South Shore Nursing and Rehabilitation Center
2012 IL App (1st) 103730
Ill. App. Ct.2012Background
- Survival and wrongful death action arising from William Sloan’s death after a nursing-home fire caused by an unsupervised smoking incident (July 24, 2004).
- Sloan died June 10, 2006, at age 86, from burns and infection related to the incident.
- Plaintiff Ernestine Watson, as independent administrator, sued South Shore Nursing & Rehabilitation Center, LLC and Care Centers, Inc. for negligence and Nursing Home Care Act violations.
- Jury found for Care Centers but against South Shore; damages awarded for medical expenses, pain and suffering, disfigurement, and loss of normal life, but zero for loss of society.
- Plaintiff sought attorney fees under the Nursing Home Care Act; trial court awarded $322,110, less than requested, and plaintiff moved for a new trial on loss of society and for fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Loss of society damages entitlement | Watson asserts loss of society should be awarded given unrebutted testimony of daughter’s deprivation | South Shore contends jury’s zero award was supported by the evidence | New trial on loss of society damages granted |
| Attorney fees under the Nursing Home Care Act | Fees were reasonable and the contingency fee was appropriate | Fees were unreasonably high and the summary was not properly considered | Fees of $322,110 affirmed; remanded for new trial on loss of society only |
Key Cases Cited
- Elliott v. Willis, 92 Ill.2d 530 (Ill. 1982) (recognizes loss of society beyond economic loss in wrongful death)
- Bullard v. Barnes, 102 Ill.2d 505 (Ill. 1984) (expands pecuniary injuries to loss of society for parents’ benefits)
- Turner v. Williams, 326 Ill. App.3d 541 (Ill. App. 2001) (loss of love, companionship, and affection recoverable for a deceased parent’s children)
- Barry v. Owens-Corning Fiberglas Corp., 282 Ill. App.3d 199 (Ill. App. 1996) (evidentiary basis for loss of society where close relationship proven)
- Casey v. Pohlman, 198 Ill. App.3d 503 (Ill. App. 1990) (zero-damages verdict for loss of consortium against manifest weight when society existed)
- Stamp v. Sylvan, 391 Ill. App.3d 117 (Ill. App. 2009) (inconsistent damages require new trial or adjustment)
- Chrysler v. Darnall, 238 Ill. App.3d 673 (Ill. App. 1992) (presumption of pecuniary injuries may be rebutted but not shown here)
- Flynn v. Vancil, 41 Ill.2d 236 (Ill. 1968) (early loss-of-consortium discussion pre-dates modern nonmonetary injuries rulings)
- Sea-Land Services, Inc. v. Gaudet, 414 U.S. 573 (U.S. 1974) (defines broad notion of society within damages context)
- Hensley v. Eckerhart, 461 U.S. 424 (U.S. 1983) (lodestar method for attorney-fee reasonableness)
- Berlak v. Villa Scalabrini Home for the Aged, Inc., 284 Ill. App.3d 231 (Ill. App. 1996) (reasonableness review of fee awards under Nursing Home Care Act)
- In re Estate of Callahan, 144 Ill.2d 32 (Ill. 1991) (applies abuse-of-discretion standard for fees)