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Keywords

damagesattorneynegligenceappealtrialverdictwillrehabilitation
damagesattorneytrialwillrehabilitation

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Watson v. South Shore Nursing and Rehabilitation Center, LLC, 2012 IL App (1st) 103730, 965 N.E.2d 1200, 358 Ill.Dec. 721

Facts

William Sloan, an 86-year-old patient at South Shore Nursing and Rehabilitation Center, died after suffering severe burns from a fire caused by his attempt to smoke a cigarette while unsupervised. His estate, represented by his daughter Ernestine Watson, claimed negligence against the nursing home for leaving him unattended with smoking materials. The jury awarded damages for medical expenses and suffering but awarded no damages for loss of society, leading to the appeal.

William Sloan, an 86-year-old patient at South Shore Nursing and Rehabilitation Center, died after suffering severe burns from a fire caused by his attempt to smoke a cigarette while unsupervised.

Issue

Whether the jury's zero-damage award for loss of society was against the manifest weight of the evidence and whether the trial court erred in reducing the claimed attorney fees.

Whether the jury's zero-damage award for loss of society was against the manifest weight of the evidence and whether the trial court erred in reducing the claimed attorney fees.

Rule

In wrongful death suits, the jury may award damages for loss of society, which includes love, companionship, and affection, based on the presumption that the next of kin would have had a reasonable expectation of benefits from the continuation of the deceased's life.

In wrongful death suits, the jury may award damages for loss of society, which includes love, companionship, and affection, based on the presumption that the next of kin would have had a reasonable expectation of benefits from the continuation of the deceased's life.

Analysis

The court determined that the jury's decision to award no damages for loss of society was not supported by the evidence presented. Testimonies from Sloan's daughters indicated a close relationship and significant companionship, which were deprived upon his death. The court noted that there was no evidence presented to rebut the presumption of loss of society, and thus the jury's verdict was against the manifest weight of the evidence.

The court determined that the jury's decision to award no damages for loss of society was not supported by the evidence presented.

Conclusion

The appellate court reversed the trial court's decision regarding the zero-damage award for loss of society and remanded for a new trial on that issue, while affirming the reduction of attorney fees.

The appellate court reversed the trial court's decision regarding the zero-damage award for loss of society and remanded for a new trial on that issue.

Who won?

The estate of William Sloan prevailed in part, as the appellate court found that the jury's zero-damage award for loss of society was against the manifest weight of the evidence.

The estate of William Sloan prevailed in part, as the appellate court found that the jury's zero-damage award for loss of society was against the manifest weight of the evidence.

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