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Baker v. Hutson8/20/2002
a physical infirmity which limited her ability to perform manual labor and that she suffered a decrease in her enjoyment of life because she was limited in her ability to perform her work and other activities which gave her pleasure and enjoyment in life. Plaintiff also claimed that defendant had not been prejudiced by the instruction.
Jury instructions are to be considered as a whole, and where the jury has not been misled and the defendant's rights have not been prejudiced by the irregularity, the alleged errors cannot serve as a basis for reversal. Jones v. Chicago Osteopathic Hospital, 316 Ill. App. 3d 1121, 1136, 738 N.E.2d 542, 555 (2000). A reviewing court will not reverse a case on the basis of an improper instruction unless it is able to conclude that the instruction clearly misled the jury. See King v. Clemons, 264 Ill. App. 3d 138, 143, 636 N.E.2d 1062, 1066 (1994). In this case, defendant has not shown that the instruction unduly emphasized an element of damage, misled the jury, or prejudiced his case. Nevertheless, we believe that additional discussion is appropriate because the issue is likely to arise upon a retrial.
Disability and the loss of a normal life have been recognized as elements of compensable damages. Hendrix v. Stepanek, 331 Ill. App. 3d 206, 771 N.E.2d 559 (2002); Turner v. Williams, 326 Ill. App. 3d 541, 551, 762 N.E.2d 70, 79 (2001). "Loss of a normal life" was approved as an alternative to "disability" because of concerns that the term "disability" was often misunderstood and led juries to disregard a proper element of damages or to duplicate damages. Smith v. City of Evanston, 260 Ill. App. 3d 925, 936-38, 631 N.E.2d 1269, 1277-79 (1994) (citing M. Graham, Pattern Jury Instructions: The Prospect of Over or Undercompensation in Damage Awards for Personal Injuries, 28 DePaul L. Rev. 33, 50 (1978)).
The term "loss of a normal life" is a part of the Illinois Pattern Jury Instructions, Civil, No. 30.04.01 (2000) (hereinafter IPI Civil (2000) No. 30.40.01). The Notes on Use following IPI Civil (2000) No. 30.04.01 state that "disability" and "loss of a normal life" are alternatives for a single element of damages. IPI Civil (2000) No. 30.40.01, Notes on Use, at 131. The Notes on Use recommend that only one of these terms be inserted in the "measure of damages" instruction. IPI Civil (2000) No. 30.40.01, Notes on Use, at 131. In the Comment to IPI Civil (2000) No. 30.04.01, the committee on civil jury instructions specifically recommends "that either 'disability' or 'loss of a normal life' be used, but not both". IPI Civil (2000) No. 30.40.01, Comment, at 132. Whether to instruct the jury on "disability" or on "the loss of a normal life" depends on the nature of the evidence at the trial and on which term more accurately describes the damages evidence and would be less confusing to the jury. Turner, 326 Ill. App. 3d at 551, 762 N.E.2d at 79. "Loss of a normal life" instructions are appropriately used where the evidence suggests that the injury has resulted in a diminished ability to engage in the avocations and activities of life, including the inability to pursue pleasurable aspects of life, such as recreation or hobbies. See Smith, 260 Ill. App. 3d at 936, 631 N.E.2d at 1279; Turner, 326 Ill. App. 3d at 551-52, 762 N.E.2d at 79.
Pursuant to Supreme Court Rule 239(a) (134 Ill. 2d R. 239(a)), "Whenever Illinois Pattern Jury Instructions (IPI) contains an instruction applicable in a civil case, giving due consideration to the facts and the prevailing law, and the court determines that the jury should be instructed on the subject, the IPI instruction shall be used, unless the court determines that it does not accurately state the law." In the case
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