Stanphill v. Ortberg

Illinois Supreme Court
Civil Court
Special Interrogatories
Citation
Case Number: 
2018 IL 122974
Decision Date: 
Friday, December 28, 2018
District: 
2d Dist.
Division/County: 
Winnebago Co.
Holding: 
Appellate court affirmed; circuit court reversed; remanded with instructions.
Justice: 
BURKE

Plaintiff filed wrongful death and survival action against social worker and EAP counselor and her employer hospital, alleging negligent care led to his father's death by suicide 6 days after social worker saw him. After jury trial, jury entered a general verdict in favor of Plaintiff. Jury answered "No" on special interrogatory as to whether it was reasonably foreseeable to social worker, at time of visit, that decedent would commit suicide within 9 days.  Circuit court erred in giving special interrogatory to jury, as it was phrased in the subjective and was thus necessarily improper, and it did not not test an ultimate fact of the case. Circuit court should have employed an objective, professional standard in the special interrogatory. Circuit court erred in relying on 2d District's 2011 opinion in Garcia case, as it does not support claim that subjective standard was appropriate.  To the extent that the Garcia opinion can be read as holding that subjective standard is appropriate to determine foreseeability, it is overruled. Remanded with instructions that judgment be entered on general verdict in Plaintiff's favor. (KARMEIER, THOMAS, KILBRIDE, THEIS, and NEVILLE, concurring.)