Epping v. Commonwealth Edison Co.

734 N.E.2d 916 (2000)

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Nature of the Case

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Facts

Epping (P) sustained serious injuries from a car accident. Edison (D) admitted liability for the accident. When the accident occurred, P was 49 years old, had been married for 28 years, was the mother of one daughter and a grandmother of one; was a part-time teacher and the executive director of a Public Museum. She traveled extensively as the president of the Midwest Museum Conference. She had been named the Business Woman of the Year and the YWCA Woman of the Year. She enjoyed sailing and reading. P's injuries caused her to undergo 32 operations and procedures between 1996 and 1999. The jury viewed photographs of P's severely deformed leg and foot. It saw a video depicting a day in P's life. P is unable to walk and needs assistance getting out of bed, getting into a chair, or getting onto the toilet. She requires assistance attending to matters of personal hygiene. She can no longer drive a car and, because her left wrist joint has been 'fixed' in place, she has difficulty maneuvering her own wheelchair. P's right leg is called 'flail leg' and cannot support her weight. Doctors are optimistic that with further reconstructive surgery P might have the future ability to independently 'ambulate' around the interior of her home with the aid of a walker or by holding on to furniture. But there is still the potential that P's right leg will have to be amputated. P will never be able to return to work, independently ambulate outside her home, or be able to perform the normal tasks of living-cleaning, cooking, or taking care of household chores. Her life expectancy is 32 years. The jury awarded $4.5 million for past and future economic damages, along with $9 million for non-economic damages, which consisted of $2,250,000 each for disability, disfigurement, and past and future pain and suffering. D eventually appealed. D challenges the $9 million in non-economic damages. It asks for a remittitur of $5 million or, in the alternative, a new trial on damages.