Brown v. Decatur Memorial Hospital

3 Citing cases

  1. Brown v. Decatur Memorial Hospital

    83 Ill. 2d 344 (Ill. 1980)   Cited 117 times
    In Brown v. Decatur Memorial Hospital (1980), 83 Ill.2d 344, the court discussed at great length the need for specificity in designating errors in a post-trial motion and refused to consider allegedly erroneous instructions. It is difficult to reconcile a decision refusing to grant relief for want of specificity in the post-trial motion with the decision here which forces upon defendant relief which it has repeatedly asserted it does not want.

    Following a subsequent trial upon an amended complaint, the jury returned a verdict in favor of defendant and plaintiff appealed. The appellate court affirmed ( 74 Ill. App.3d 436), and we subsequently granted leave to appeal. We affirm.

  2. Hernandez v. Village of Cicero

    151 Ill. App. 3d 170 (Ill. App. Ct. 1986)   Cited 6 times
    In Hernandez v. Village of Cicero (1986), 151 Ill. App.3d 170, 502 N.E.2d 1226, a case quite similar to that at bar, the decedent, who was intoxicated at the time of his death, was stopped twice by police officers for speeding. Within a half hour of both of the traffic stops, the decedent was killed in a one-car accident.

    Here, in light of the fact that decedent was only momentarily stopped at 9:05 and 9:15 p.m. and allowed to continue on his way, his freedom of action could only have been curtailed for minutes and, absent any indication that he was subjected to restraints associated with a formal arrest, he cannot be deemed to have been "in custody" under the Berkemer rule. Similarly, plaintiff's reliance on Dezort v. Village of Hinsdale (1976), 35 Ill. App.3d 703, 342 N.E.2d 468, and Brown v. Decatur Memorial Hospital (1979), 74 Ill. App.3d 436, 393 N.E.2d 84, is misplaced. Plaintiff relies on these cases for the proposition that where a complaining plaintiff is intoxicated and suffers injury while in an entity's care or custody, the entity is liable to the plaintiff. Not only are both cases factually distinguishable from the present case, but plaintiff has misinterpreted the rule in Dezort and misstated as law that which is dicta in Brown.

  3. Dezort v. Village of Hinsdale

    396 N.E.2d 855 (Ill. App. Ct. 1979)   Cited 7 times

    But, on the other hand, if the jury finds that the decedent was incapable of the exercise of care for his own safety due to his state of intoxication or mental instability, or both, then they must be directed to disregard instructions Nos. 3, 4 and 5 since contributory negligence can no longer be in issue. (See Brown v. Decatur Memorial Hospital (1979), 74 Ill. App.3d 436, 442-44, 393 N.E.2d 84, 88-89 (Trapp, J., specially concurring).) In sum, therefore, the jury must first decide whether the defendant was negligent, second, it must determine whether the decedent was capable of exercising ordinary care. If he could, then the normal contributory negligence instructions apply. If he could not, then the acts or condition of the decedent are not a defense for the defendant and judgment could be entered accordingly.