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Baker v. Hutson8/20/2002
at bar, there is nothing in the record to indicate that the trial court determined that the pattern instruction did not adequately state the law. Plaintiff has not cited any reported decision that approved the modified instruction she tendered. The evidence in this record suggests that the pattern instruction is proper and that the appropriate element to be used is "loss of a normal life". However, the trial court, on remand, will ultimately determine which alternative is more appropriate based upon the evidence. The trial court is directed to consider the proposed instructions tendered by the parties in light of the Notes on Use and Comment to IPI Civil (2000) No. 30.04.01. The question of whether a modified instruction, such as the one submitted here, may be appropriate in another case is left for another day.
Accordingly, the judgment of the circuit court is reversed, and the cause is remanded for a new trial on the issue of damages.
Reversed; cause remanded.
RARICK and KUEHN, JJ., concur.
Justices: Honorable Gordon E. Maag, P.J.
Honorable Philip J. Rarick, J., and Honorable Clyde L. Kuehn, J., Concur
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