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Ferro v. Griffiths10/5/2005
Plaintiff Gregory Ferro sued defendant Lorraine Griffiths for injuries he sustained when the vehicle driven by Griffiths struck the rear bumper of the van in which Ferro was a passenger. The jury returned a verdict in favor of Griffiths; the trial court subsequently granted Griffiths' postjudgment request for fees and costs. On appeal from the verdict (No. 3-03-0943), Ferro claims that the trial court made several errors during witness testimony, failed to direct a verdict or enter judgment notwithstanding the verdict in his favor, failed to exclude jurors who admitted that they were against lawsuits, and improperly questioned a witness from the bench. In a separately filed appeal (No. 3-04-0007), Ferro also claims that the court erred in entering sanctions for fees and costs when Griffiths' motion only requested costs. We affirm the judgment entered in favor of Griffiths in case No. 3-03-0943 and vacate the sanction order in case No. 3-04- 0007.
On January 4, 1999, Ferro underwent cardiac surgery during which a number of stents were placed in his coronary artery. Following surgery, Ferro developed a heart attack rupture. Three days later, cardiovascular surgeon Dr. Ramesh Veeragandham performed open heart surgery to investigate Ferro's condition. He found fluid around the heart, a condition called pericardial effusion. The doctor drained the fluid, and Ferro was discharged on January 15, 1999. At the time of discharge, Ferro had chest pain at the incision site but did not have internal chest pain. He also required oxygen and was taking Coumadin to prevent clotting. He planned to spend several weeks recuperating at the home of his cousin, Darlene Hennis.
That afternoon, Hennis drove her van to the hospital to take Ferro home. An attendant escorted Ferro out of the hospital in a wheelchair and put him in the front passenger seat of the van. The attendant stood the oxygen tank on the floor of the van between Ferro's feet and legs. The top of the tank was less than one foot from Ferro's chest. While traveling home, Hennis stopped for a traffic light and was struck from behind by Griffiths' vehicle. Ferro described the impact as "very heavy." According to Ferro, the tank handle on the oxygen regulator hit him in the chest. He immediately felt pain and pressure inside his chest.
An ambulance transported Ferro back to the hospital. When he arrived at the emergency room, the pain in his chest was building. x- rays were taken which showed an enlargement of the heart. Dr. Sennett, a radiologist, reviewed the x-rays and determined that Ferro had a pericardial effusion. The next day, Dr. Veeragandham opened the lower part of the previous incision in Ferro's chest and drained approximately 600 cc of blood-stained fluid from the pericardial sac.
Ferro was released and later filed suit against Griffiths for the injuries caused by the accident. Prior to the trial, Ferro sought an order barring Griffiths from presenting any photographs of either vehicle to the jury or suggesting a relationship between the severity of the collision and the severity of injury to plaintiff. Ferro argued that although the pictures showed minor damage to the vehicles, he was "particularly susceptible" to injury because of his pre-existing medical condition. At the hearing, Ferro's counsel argued that his injuries were aggravated because of the medical procedure that had just been performed. The trial court denied the motion, noting that plaintiff's condition did not preclude the relevancy of the photographs.
At the trial, Dr. Kevin Dolehide testified that he was Ferro's primary treating physician upon his readmission to the hospital. When Ferro arrived, he complained of chest pain a
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