Cirrincione v. Johnson
Decision Date | 01 October 1998 |
Docket Number | 83284,Nos. 83233,s. 83233 |
Citation | 184 Ill.2d 109,703 N.E.2d 67,234 Ill.Dec. 455 |
Parties | , 234 Ill.Dec. 455 Sal CIRRINCIONE, Appellee, v. Gil JOHNSON (Michael Johnson, Appellant). |
Court | Illinois Supreme Court |
Daniel J. Pierce, Daniel J. Pierce, P.C., Chicago, for Sal Cirrincione in No. 83233.
Daniel J. Pierce, Daniel J. Pierce, P.C., Chicago, for other parties in No. 83284.
The issue before us is whether technical deficiencies are sufficient to invalidate a lien under the Physicians Lien Act. 770 ILCS 80/1 (West 1996). The circuit court of Cook County held valid a lien missing information required by statute, and awarded plaintiff compensatory and punitive damages. The appellate court affirmed the validity of the lien, but reversed the punitive damages award. 287 Ill.App.3d 683, 222 Ill.Dec. 866, 678 N.E.2d 738. We affirm the appellate court's judgment as to the validity of the lien, but reinstate the jury's award of punitive damages.
In December 1985 Gil Johnson was injured in an automobile accident and was treated by plaintiff, Sal Cirrincione, a chiropractor. Plaintiff filed a physician's lien with Johnson's attorney, Lawrence Fox. The lien, signed by Johnson, authorized Fox to pay plaintiff out of any settlement or judgment proceeds from Johnson's personal injury suit against the driver of the other vehicle in the accident, and also required that any new attorney retained by Johnson honor the lien. Shortly thereafter, Fox was appointed to the bench, and Johnson retained defendant, attorney Michael Johnson (no relation). Both Fox and plaintiff discussed plaintiff's lien with defendant. Plaintiff asserts that defendant assured him that the lien was acceptable, while defendant contends that he told plaintiff the lien was faulty and advised him to complete a new lien.
In August 1988 plaintiff submitted reports and documentation regarding his treatment of Johnson to Country Mutual Insurance Company. The insurance company sent a medical payment check to defendant in the amount of $3,744. Defendant did not pay plaintiff with these funds; rather, he released the money to Johnson after deducting his fee. Defendant maintains, however, that the insurance company stopped payment on the check and that neither he nor Johnson received any money. Several months later, plaintiff contacted defendant and discovered that the case had been settled for $50,000. When plaintiff demanded payment pursuant to the lien, defendant refused, responding that Johnson had told him that he had already paid plaintiff.
ANALYSIS
The Physicians Lien Act provides in pertinent part:
"Every licensed physician practicing in this State who renders services by way of treatment to injured persons * * * shall have a lien upon all claims and causes of action for the amount of his reasonable charges up to the date of payment of such damages.
* * * [T]he lien shall * * * include a notice in writing containing the name and address of the injured person, the date of the injury, the name and address of the licensed physician practicing in this State, and the name of the party alleged to be liable to make compensation to such injured person for the injuries received, which notice shall be served on both the injured person and the party against whom such claim or right of action exists." 770 ILCS 80/ 1 (West 1996).
It is undisputed that plaintiff's lien did not comply with the statute in the following respects: (1) it did not contain Johnson's address; (2) it did not give the date of Johnson's injury; (3) it did not list the name of the party or parties liable to make compensation for Johnson's injuries; (4) it failed to give the name of the tort defendant, that is, the other driver in the automobile accident; (5) no attempt was made to serve the tort defendant or his insurance carrier.
Are these deficiencies sufficient to defeat the lien? Defendant argues that the lien is a creation of statute, and that it must therefore strictly conform to the statute's requirements. This court has emphasized, however, that technical deficiencies should not be allowed to overwhelm the purpose of a lien statute:
United Cork Cos. v. Volland, 365 Ill. 564, 572, 7 N.E.2d 301 (1937).
In this case, the rights of the parties have not been prejudiced by the technical deficiencies in the lien. Both defendant and Johnson had actual notice, and those not served with the lien are not parties to this action. Furthermore, any missing information was already known by defendant. In short, the errors were not material. To invalidate the lien due to the instant technicalities would serve no purpose and would worship form over substance. It would also be contrary to the purpose of the lien, which is to lessen the financial burden on those who treat nonpaying accident victims. See In re Estate of Cooper, 125 Ill.2d 363, 368-69, 126 Ill.Dec. 551, 532 N.E.2d 236 (1988) ( ). Accordingly, the lien is valid and should be enforced.
Despite its holding that plaintiff's lien was valid, the appellate court reversed the punitive damage award, holding that such damages were not available pursuant to either the Physicians Lien Act or a "breach of contract claim, which is the best interpretation of plaintiff's alternative cause of action." 287 Ill.App.3d at 689...
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