Boden v. CrawfordBoden v. Crawford
delivered the opinion of the court:
Plаintiff Dennis Boden, formerly a police officer, filed a personal injury action against defendant Marcus Crawford, claiming defendant caused plaintiff’s back injuries. Plaintiff was injured while on duty investigating a child-abuse complaint involving defendant’s child. A jury found defendant liable for the injuries and awarded plaintiff $204,793.40 in damages. Dеfendant appeals, arguing (1) the prohibition' against introducing any evidence regarding disability benefits plaintiff is receiving prejudiced the defendant and the benefits should be considered an exception to the collateral-source rule; and (2) the award for damages was excessive and was the rеsult of passion and prejudice. We affirm.
It is first noted that with respect to plaintiff Linda L. Boden, the parties agreed that insofar as her actions are concerned, it has been resolved and she is not a party to this appeal.
Plaintiff was a police officer for the Quincy police department (department) and 36 years of age at the time of his injury on February 6, 1987. He had, before joining the police force, served two years in the Marines, and had also worked as a truck driver and heavy equipment operator. He is presently a captain in the Army Reserves.
Plaintiff testified that on February 6, he was called by the principal of a grade school to see a young man named Jerod Crawford for possible child abuse. Plaintiff decided to question the defendant, the father of the child. Plaintiff was told defendant drove a green pickup truck and would be arriving at the school soon. Defendant arrivеd at the grade school in his truck, and the plaintiff approached the truck. Plaintiff testified he identified himself as a police officer and asked, “Are you Marcus Crawford?” After the defendant responded, “Yes,” plaintiff reached for the door handle, whereupon defendant started the truck, put it in gear, and pulled away at a high rate of speed down an alley. Plaintiff stated he was on the running boards of the truck and attempted to reach inside defendant’s truck to turn off the ignition. Plaintiff testified he eventually jumped into the back of defendant’s truck after deciding the truck was going too fast for him to jump off. Plaintiff stated he was tossed around in the back of the truck while defendant continued to travel at a high rate of speed while turning around corners. Plaintiff estimated defendant was traveling 30 miles
Defendant testified he saw plaintiff approaching him, but that he heard no commands or statеments. Defendant stated he has a partial hearing impairment in his left ear. Defendant stated that when he saw plaintiff coming at him on the day of the incident, he just “took off.” Defendant pleaded guilty to possession of a controlled substance and reckless conduct, and was sentenced to three yеars’ probation and fined. Defendant testified he did not know anyone was in his vehicle until a hand came through the top part of the window, and he stopped within five seconds of the hand coming through the window.
Officer Gilbert Feld testified he was patrolling the area near the school on February 6. He observed defendant’s truck traveling at a high rate of speed with a man in the back holding a gun. Feld testified he saw the truck pull over and he noted the man in the back was the plaintiff. The back window of the truck was broken, and plaintiff was holding his weapon on the defendant. After defendant was arrested, a passing motorist told Feld that “baggies” had been thrown from the truck and showed the officer the location of the baggies. The parties stipulated that two plastic bags thrown from defendant’s vehicle during the course of the incident contained apparently 26.6 and 27.9 grams of cocaine.
Plaintiff testified he saw the department physician, Dr. Thomas Westerhoff, on February 9, 1987, complaining of pain in the rib area and cuts and bruises on his left hand. Westerhoff gave plaintiff pain pills and muscle relaxers and ordered plaintiff to take a week off from work. Several weeks later, plaintiff saw Dr. Dalai, who ordered lower lumbar X rays and a CAT scan аnd directed plaintiff to begin physical therapy. Dalai told plaintiff to take several more weeks off from work. Plaintiff continued to work as a juvenile officer for the department on light duty until April 1988, when he was told to take a leave of absence. At the time of trial, plaintiff was no longer a police officer.
Dr. Westerhoff, the department physician, board certified in internal medicine with 23 years of experience, testified that he examined plaintiff on February 10, 1987, and found muscle spasms in plaintiff’s back. Westerhoff stated he prescribed pain pills and muscle relaxers for plaintiff. Westerhoff saw plаintiff again on July 1, 1987, when plaintiff reported he continued to experience back pain. Westerhoff observed
At the request of the department, plaintiff was examined by several other physicians, each of whom testified at trial. Dr. del Castillo, a specialist in neurosurgery, testified he examined plaintiff on August 23, 1988. He stated he saw signs of muscle spasm, but the sciatic nеrve was not damaged. He found no atrophy in plaintiff’s thighs or calves, but some weakness in plaintiff’s left side. He reviewed a magnetic resonance image (MRI) test taken of plaintiff’s back in 1987, which showed degeneration of cartilage between the fourth and fifth lumbar discs. He testified that back pain may not be experienced immediately after an accident. He reviewed the CAT scan which was taken a few days after the accident and testified it showed bulging between the fourth and fifth lumbar discs. He further testified that the degeneration takes a long period of time, but bulging can occur at a point of trauma. Dr. del Castillo found a causal relationship between the incident on February 6 and plaintiff’s back problems, which he stated were permanent. Dr. del Castillo stated the repeated twisting, turning, and tumbling plaintiff was subjected to in the defendant’s truck weakened the discs and caused the bulging between the discs to develop. Hе stated surgery would alleviate the constant pain plaintiff suffers. Dr. del Castillo testified plaintiff’s prior activities would definitely have a bearing on the degeneration of the intervertebral disc at any level and that 95% of all ruptured discs occur at the fourth and fifth discs and lower.
Dr. Gwaltney, a specialist in orthopedic surgery, testified that he examined the plaintiff on May 6, 1988. He testified plaintiff showed no atrophy on circumferential measurements and no evidence of sensory disturbance. Gwaltney testified the MRI report showed disc disease at the fourth and fifth lumbar interspace. He further testified surgery might relieve pain, but would not strengthen plaintiff’s back.
Dr. Dennis Abernathie, an orthopedic specialist, testified in a deposition for the defendant that he еxamined plaintiff on August 18, 1987. Abernathie concluded plaintiff sprained his lumbosacral joint. Abernathie reviewed the MRI report taken in December 1987 and stated it did not change his diagnosis of plaintiff’s injury. Abernathie further stated that disc degeneration must start at least six months before a test to show up on the test. Abernathie stated that the plaintiff could continue his activities without restriction and danger to himself but might suffer some discomfort.
John LaTour, deputy chief of operations for the department, testified that he had known the plaintiff since 1981 and that plaintiff served under his command. LaTour testified that plaintiff was a good policе officer who enjoyed his job and was one of the officers chosen for the elite SWAT unit. LaTour stated that there were no jobs in the department which were available to someone with a disability. LaTour testified the normal retirement age for police officers is 65. On April 21, 1988, the LaTour told plaintiff he сould not work anymore as a police officer for the reason that a report had been received from the department’s doctor stating plaintiff was disabled. The plaintiff’s last day of employment was July 1, 1988. On cross-examination, LaTour testified his action was subject to appeal to the Bоard of Fire and Police Commissioners, but plaintiff did not appeal.
Brenda Williams, a police officer in the juvenile department, testified plaintiff was a reliable partner and good with kids. Williams further testified she remembered plaintiff’s last day. She stated plaintiff had a meeting with his supervisor and, when he came out, his face was gray. Williams and plaintiff then went to a restaurant and plaintiff started crying and was very upset. Plaintiff ordered a milkshake but could not hold it because his hands were shaking.
Plaintiff’s wife and daughter testified regarding plaintiff’s normal activities with his family prior to the February 6 incident. Both stated plaintiff was very athletic and engaged in many sporting activities. Both also stated plaintiff never complained of back pain before February 6 and since then did not participate in many activities because of
Plaintiff testified he was paid $27,500 in 1986 as a police officer and since the injury had been employed part time in оnly two minimum-wage jobs.
Prior to trial, plaintiff filed a motion in limine to prohibit defendant from asking any questions regarding the disability benefits plaintiff is receiving from the department as a result of his disability leave. The trial court granted the motion, stating evidence regarding disability benefits was barred by the collateral-source rule.
Dеfendant argues the trial court erred in granting the motion in limine based on the collateral-source rule. Defendant contends that the fact that the benefits are not gratuitous and plaintiff does not have to pay the benefits back to the department distinguishes this case from other cases discussing the collateral-source rule. Defendant maintains the evidence left the jury with the impression plaintiff was discharged by the department without any pay or benefits and against his will when in fact plaintiff asked for his disability benefits and was receiving more than 50% of his 1986 salary at the time of trial. Defendant also maintains the jury’s damage award was excessive and the determination of plaintiff’s 5% contributory negligence was against the manifest weight of the evidence. Defendant asks for a remittitur of $100,000.
Illinois recognizes the collateral-source rule, under which the amount of damages for a plaintiff in a civil action is not decreased by the amount of benefits received by the plaintiff injured-party from a source wholly independent and collateral to the wrongdoer. (Peterson v. Lou Bachrodt Chevrolet Co. (1978),
Defendant, by his argument, admits that evidence plaintiff is receiving disability benefits from the department would have influenced the jury to award a lesser amount. Allowance of any evidence regarding the benefits would render this long-standing rule meaningless. Further, we reject defendant’s attempt to distinguish disability benefits an employer may be required to pay an injured employee from the gratuitous income received in Wolfe, Peterson, and Fear v. Smith (1989),
Next, defendant contends the damage award is excessive, the
The jury awаrded plaintiff a total of $215,572 in damages as follows: $110,000 disability; $5,000 past pain and suffering; $20,000 future pain and suffering; $5,572 past medical expenses; $25,000 past loss of earnings; and $50,000 future loss of earnings. The award was reduced 5% to $204,793.40. Defendant suggests the finding that plaintiff was only 5% negligent evidences the prejudice of the jury. Specifically, dеfendant points out plaintiff elected to take the risk of jumping into the back of defendant’s truck when another alternative was available. Defendant also contends the amount of damages awarded for disability represents a finding based on loss of employment, not based on the back injury plaintiff suffеred. Defendant also states this case is not unlike House v. Stocker (1975),
We do not agree. At trial, plaintiff testified defendant was going too fast down the alley for him to safely jump off the truck. The House case is distinguishable. In the case before us, three physicians concluded plaintiff suffers from a permanent back injury, not a bruise to the lower back, which caused him to lose his job as a police officer. Plaintiff also presented the testimony of a psychologist who stated that in the future, most employers will not hire plaintiff because of his back injury. Plaintiff was a young, physically fit officer at the time of the injury, was reported to be good at his job, well liked by the community, and looking forward to a long career as a police officer. We find the jury’s award of $171,000 for future pain and suffering, future lost earnings, and disability is supported by the evidence and not excessive for the possible 28 years of future employment as a police officer plaintiff could have enjoyed but for his injury.
Accordingly, the judgment for the plaintiff is affirmed.
Affirmed.
LUND and SPITZ, JJ., concur.