Chrysler v. Darnall

• Decision Date: 23 November 1992
• Docket Number: No. 1-90-0595,1-90-0595
• Parties: , 179 Ill.Dec. 721 Margaret CHRYSLER, Special Administratrix of the Estate of Herbert E. Chrysler, Deceased, Plaintiff-Appellant, v. William R. DARNALL, M.D., Defendant-Appellee.
• Court: United States Appellate Court of Illinois

Page 553

606 N.E.2d 553

238 Ill.App.3d 673, 179 Ill.Dec. 721

Margaret CHRYSLER, Special Administratrix of the Estate of Herbert E. Chrysler, Deceased, Plaintiff-Appellant, v. William R. DARNALL, M.D., Defendant-Appellee.

No. 1-90-0595.

Appellate Court of Illinois First District, First Division.

Nov. 23, 1992.

Goldberg & Goldberg, and David A. Novoselsky & Associates, Chicago (David A. Novoselsky and Linda A. Bryceland, of counsel), for plaintiff-appellant.

Bullaro, Carton & Stone, Chicago (James R. Branit and Madeleine Weldon-Linne, of counsel), for defendant-appellee.

Justice CAMPBELL delivered the opinion of the court:

Plaintiff, Margaret Chrysler, as special administratrix of the estate of Herbert E. Chrysler, deceased, brought an action in the circuit court of Cook County against Dr. William Darnall under the Wrongful Death Act (Ill.Rev.Stat.1981, ch. 70, pars. 1, 2) and the Survival Act (Ill.Rev.Stat.1981, ch. 110 1/2 par. 27-6). A jury found the defendant liable and returned a verdict in favor of plaintiff, awarding $25,000 in pecuniary damages for loss of society, and $6,000 in medical expenses, a total of $31,000. On appeal, plaintiff contends that the jury's verdict was against the manifest weight of the evidence presented at trial, and that the trial court improperly denied her motion for a new trial on the issue of damages only. For the following reasons, we affirm the judgment of the trial court.

The following facts were adduced at trial. The decedent, Herbert E. Chrysler, died on September 7, 1979, at the age of 58 years. Plaintiff produced a mortality table at trial which indicated that at time, the life expectancy of a man decedent's age was 19 years.

Dr. Darnall testified that he had been decedent's treating physician since 1950. At that time, decedent weighed 178 pounds. In 1970, Dr. Darnall treated decedent for epilepsy by proscribing Dilantin, an anti-convulsive medication, and Phenobarbitol, a nerve sedative, and in 1978 and 1979 decedent continued to take the medication daily.

On September 29, 1978, the decedent was admitted to Victory Memorial Hospital in Waukegan for acute thrombophlebitis of the right leg. At the time of his hospitalization, decedent was not working. Dr. Darnall treated decedent with bed rest and local heat, and started him on anti-coagulant drug therapy. Dr. Darnall testified that he did not give decedent Heparin, a drug which controls blood clotting, because in his opinion it was not indicated.

Decedent was discharged from the hospital on October 8, 1978. In a subsequent visit on October 30, 1978, Dr. Darnall determined that the thrombophlebitis was cured, but did not give decedent leave to return to work. He noted that decedent had only minimal post-phlebetic residue (swelling) at that time, and did not prescribe oral anti-coagulants to decedent on an outpatient basis because he did not feel that decedent could comply with the strict rules of the prescription. Dr. Darnall admitted that decedent had no problems taking the drugs prescribed for epilepsy during that time.

On July 29, 1979, decedent was admitted to Victory Memorial through the emergency room and again treated for thrombophlebitis. At that time, decedent weighed 120 pounds. Plaintiff told Dr. Darnall that decedent had been having confusion and memory loss for three to four weeks prior to admission and that he could not take care of himself. Dr. Darnall treated decedent in the same manner as before, with bed rest, local heat and oral anticoagulants. Initially, decedent appeared to respond to the treatment, but subsequently Dr. Darnall had some difficulty getting satisfactory results and changed decedent's medication from Dicumarol to Coumadin. Dr. Darnall did not give decedent Heparin, and testified that decedent's epilepsy was a factor in his decision not to use that drug.

During decedent's hospital stay, Dr. Darnall observed that decedent was mentally confused and disoriented. He asked plaintiff's permission to consult with a psychiatrist, and thereafter engaged Dr. Edward DeLong to evaluate decedent. Dr. DeLong saw decedent on August 5, 1979, and diagnosed his condition as premature chronic brain syndrome. A CAT-scan test performed on decedent subsequently revealed that decedent suffered from generalized brain atrophy, an irreversible shrinkage of the brain, characterized by memory loss and lack of judgment, orientation and intellect. Dr. DeLong testified that his prognosis for decedent was poor, and suggested to plaintiff and decedent that they consider institutionalizing decedent in the Veteran's Administration Hospital mental health facility in nearby Downey, Illinois. Decedent was hostile to this suggestion.

Based on an electroencephalogram (EEG) test performed on decedent, Dr. Darnall continued treating decedent for epilepsy with Dilantin and Phenobarbitol during his hospital stay.

On September 5, 1979, Dr. Darnall notified plaintiff that her husband's condition was critical. On that same day, he also told Carol Pellegrino, decedent's daughter, that her father was in critical condition. On September 6, 1979, Dr. Darnall discontinued treatment with anti-coagulants because an x-ray showed that decedent had a ruptured esophagus, which caused peritonitis, an infection of the lining of the intestine in the abdominal cavity. On September 7, 1979, decedent died. Based on the autopsy report, Dr. Darnall listed the causes of decedent's death as bilateral pulmonary embolism and generalized peritonitis due to disruption of the lower portion of the esophagus. Dr. Darnall testified that decedent would have died of the generalized peritonitis had he not had the thrombophlebitis, and that in his opinion, decedent's life expectancy was not 19 years at the time of his death.

Both parties presented expert witness testimony on the issue of Dr. Darnall's liability, which is not the subject of this appeal. However, plaintiff cites the expert testimony for other reasons, so those pertinent portions will be discussed here. Dr. Larry Milner, plaintiff's expert relied upon decedent's hospital and autopsy records in formulating his opinion that Dr. Darnall breached the standard of care in treating decedent. In describing the disease that afflicted decedent, Dr. Milner stated that pain may be a symptom of thrombophlebitis.

Dr. William Buckingham testified as an expert on behalf of the defendant. Dr. Buckingham examined decedent's hospital and autopsy records and noted that the records disclosed that decedent experienced pain in his chest as a result of his ruptured esophagus. Dr. Buckingham also testified that decedent would have died on September 7, 1979, or shortly thereafter, as a result of the ruptured esophagus and generalized peritonitis even if he had not developed the pulmonary emboli. The medical records relied upon by both experts were not presented to the jury or admitted into evidence at trial.

Plaintiff testified that she was married to decedent on October 10, 1942, and had one child, Carol. She described her relationship with her husband as close and loving. She stated that decedent helped her with housework and drove her where she needed to go when she did not drive a car. They engaged in various activities together including watching television, and playing cribbage and cards.

Plaintiff testified that decedent had a ninth grade education and was employed as a road maintenance worker for the Illinois Department of Transportation. Decedent's salary was $15,287.60 per year. At the time of his death, decedent had been on a leave of absence from work since April 1978. Decedent had planned to retire at age 65.

On cross examination, plaintiff admitted that it was possible that she and her husband had not had sexual relations since April 1978. Prior to his 1979 hospitalization, decedent could not take care of himself. Because of his mental condition during his second hospitalization, at times decedent did not know plaintiff was there when she visited him. At times plaintiff saw decedent fighting the tubes in his nose and noticed that his breathing "wasn't like it was before." Plaintiff admitted that she did not know that her husband had epilepsy and did not know that he was taking anti-seizure medication daily.

Carol Pellegrino, plaintiff and decedent's daughter, testified that her relationship with her father was very caring and loving, and that she was very close to her father because she was an only child. Carol was married in 1963 and left her parents' home. At that time, she lived 35 to 40 minutes away from her parents. Between 1963 and 1974 Carol saw her father at least once a week and spent holidays with her parents. She engaged in activities with her father including meals, shopping, watching television and playing cribbage. Carol sought her father's advice regarding child rearing and marital problems. Carol testified that during these years her father helped her with her children, taking the boys for haircuts, shopping or on trips to their paternal grandparents in Ohio. Decedent often took the boys to the park or played with them in the house.

In 1974, Carol moved to Arizona with her husband and family. She called home once or twice a month and spoke to both parents. Between 1974 and the time of decedent's death, Carol returned home to visit on two occasions. The visits lasted from a week to ten days. Carol described her father as someone upon whom she could always depend throughout her lifetime.

Following trial, the jury found in favor of the plaintiff and against Dr. Darnall and awarded $6,000 for medical expenses under the survival count, and $25,000 in pecuniary damages to plaintiff under the wrongful death count. The jury did not award any amount for pain and suffering or disability experienced prior to decedent's death as a result of his injuries. The jury also declined to award any damages to Carol Pellegrino for pecuniary loss and loss of society. Judgment was...