Watson v. SOUTH SHORE REHABILITATION CENTER
965 N.E.2d 1200
Ill. App. Ct.2012Background
- Survival and wrongful-death action arising from William Sloan's death after a 2004 burn incident at South Shore Nursing & Rehabilitation Center.
- Sloan suffered extensive burns in an unsupervised smoking incident; death occurred in 2006 from infection related to the burns.
- Ernestine Watson, as independent administrator of Sloan's estate, sued South Shore and Care Centers, alleging negligence and Nursing Home Care Act violations.
- Jury found Care Centers liable, South Shore not liable, awarding medical expenses and non-economic damages but zero for loss of society.
- Plaintiff sought Nursing Home Care Act attorney fees; trial court awarded $322,110, less than requested.
- On appeal, plaintiff argues for new trial on loss-of-society damages and for greater attorney-fee recovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Loss-of-society damages wrongful death | Watson argues zero award was against weight of evidence. | South Shore contends evidence supported no loss of society and presumption rebuttal not shown. | New trial on loss-of-society damages required |
| Attorney fees under Nursing Home Care Act | Fees as claimed are reasonable; contingency fee supported. | Summary and hours/rates are excessive; fees should be reduced. | Award affirmed at $322,110; no cross-appeal on fees |
Key Cases Cited
- Elliott v. Willis, 92 Ill.2d 530 (1982) (recognizes nonmonetary 'pecuniary injuries' may include loss of companionship)
- Bullard v. Barnes, 102 Ill.2d 505 (1984) (extends loss of society to loss by a parent for a deceased child)
- Turner v. Williams, 326 Ill.App.3d 541 (2001) (loss of society includes companionship and affection; not limited to childhood)
- Barry v. Owens-Corning Fiberglas Corp., 282 Ill.App.3d 199 (1996) (loss of society awards to adult children supported by close relationship evidence)
- Casey v. Pohlman, 198 Ill.App.3d 503 (1990) (reversal of zero loss-of-consortium award when uncontradicted, ongoing companionship shown)
- Stamp v. Sylvan, 391 Ill.App.3d 117 (2009) (reaffirms review of inconsistent damages; supports new-trial remedy for related losses)