Plaintiff filed suit for emotional injuries after a former hospital employee, at hospital where she had received mental health treatment, mailed her a harassing letter. After jury verdict for Plaintiff, court determined that verdict was inconsistent with jury’s answer to a special interrogatory. Court then entered judgment in favor of hospital on basis that special interrogatory was controlling. It was not clear what part of the verdict was being tested by the special interrogatory. It could relate to employee’s act of sending the letter, or to her acts of bringing Plaintiff’s mental health record home with her and using it to send the letter. Special interrogatory was broad in the context of all the other instructions. The definition of “proximate cause” provided by court, when combined with lack of definition for “sole proximate cause”, rendered special interrogatory confusing. As it was not in proper form, special interrogatory should not have been given to jury. (DELORT and CONNORS, concurring.)
Illinois Appellate Court
Civil Court
Mental Health Confidentiality Act