Drakeford v. University of Chicago Hospitals

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 111366
Decision Date: 
June 28, 2013
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Justice: 
HALL
Holding: 
Affirmed.
Jury verdict for $4.6 million to mother of deceased infant patient of hospital for willful and wanton unauthorized burial, alleging that infant's remains were buried in mass, unmarked grave without mother's consent, despite mother's request for autopsy and burial in family plot. Court properly refused to give contributory negligence instruction, finding that mother had no duty to take possession of remains and arrange for burial herself. That mother testified only briefly about her emotional distress does not lessen severity of her injury. Jury's damage award was not against manifest weight of evidence. Remittitur of $1.6 million was within court's discretion. (LAMPKIN, concurring; GORDON, dissenting.)