Opinion
No. 97 c 8745
January 25, 2001
MEMORANDUM OPINION AND ORDER
Before this court is plaintiff, Jami R. Vitullo ("J.Vitullo"), special administrator of the Estate of Anthony L. Vitullo ("A.Vitullo"), deceased and J.Vitullo, individually motion for order of judgment.
FACTS
1. On July 27, 1997, ANTHONY and JAI\41 were traveling in a 26' Velocity powerboat, VIN number VMX26674D797, on Lake Michigan in the City of Chicago, State of Illinois.
2. On and before July 27, 1997, the Defendants, VELOCITY POWERBOATS, NC., a corporation and THOROUGHBRED POWERBOATS, NC., and each of them, manufactured and assembled the aforesaid powerboat.
3. On July 27, 1997, the Velocity powerboat in which plaintiff and plaintiffs decedent were riding, broke apart.
4. As a direct and proximate result of the above occurrence, A.Vitullo sustained serious physical injuries that resulted in his death on July 27, 1997.
5. In addition, as a direct and proximate result of the above occurrence, J.Vitullo sustained injuries of a personal and pecuniary nature, including the loss of A.Vitullo's society, support, companionship, consortium, guidance and affection.
6. Moreover, as a direct and proximate result of the above occurrence, JAMI sustained the following injuries:
a. multiple lacerations and abrasions on thighs, abdomen, and buttocks.
b. a bulging disc in her back.
c. fracture and bone chip in right hip.
d. J.Vitullo has other injuries which are contained in the court record and marked as Group Exhibit "A," in the Vitullo Affidavit.
7. As a direct and proximate result of the above injuries, J.Vitullo continues to suffer disabling, painful and disfiguring injuries as a result of this incident. White everyday and several aspects of her life have been impacted, a sampling of things that impact J, Vitullo are as follows:
a. inability to write for extended periods of time without substantial pain in her right arm;
b. recurring muscle spasms and sharp stabbing pains related to the bulging disc in her back;
c. a constant dull ache related to the bulging disc in her back;
d. reduced range of motion related to fracture and bone chip in right hip;
e. embarrassing sounds of popping and cracking during activities involving movement of right hip;
f. constant dull ache related to right hip injury and sharp pains after almost any kind of physical activity;
g. inability to remain seated for extended periods of time without significant pain in right hip; and
h. decreased endurance while engaged in physical activity.
8. At all times prior to July 27, 1997, J, Vitullo thoroughly enjoyed and actively participated in all types of athletic activities. J.Vitullo was an active participant in such activities as gymnastics, rollerblading, volleyball, water and snow skiing. She had no physical limitations whatsoever. However, as a consequence of the boating accident injuries, J.Vitullo is no longer able to participate in athletic activities and is limited to her ability to participate in any type of meaningful physical fitness activity.
9. As a direct and proximate result of the above occurrence, J.Vitullo continues to suffer from the following emotional and psychological injuries:
a. inability to sleep
b. persistent nausea and recurring nightmares
c. loss of appetite
d. constant tension
e. periods of depression
10. As a direct and proximate result of the above injuries, J.Vitullo incurred the following medical expenses from the following medical institutions:
Orthopedic Associates of Chicago 676 North St. Clair Suite 450 Chicago, Illinois 60611
08/04/97 $335.00
09/30/97 $30.00
01/16/98 $130.00
02/18/98 $60.00 $555.00 UIC Department of Urology
12/08/97 $215.00
Northshore Imaging 1535 Lake Cook Road Northbrook, Illinois 60062-1447
01/20/98 $1,990.00
Northwestern Memorial Hospital 212 East Superior Street Chicago, Illinois 60611
07/27/97 $1,735.50
Northwestern Medical Faculty Foundation, Inc . P.O. Box 75494 Chicago, Illinois 60657-5494 $154.00 07/27/97
Tip Top Rehab, Ltd. $111.00 09/10/97 $111.00
09/12/97 $111.00
09/15/97 $111.00
09/17/97 $111.00
09/19/97 $111.00
09/22/97 $111.00
09/24/97 $111.00
09/26/97 $111.00
09/30/97 $111.00
10/01/97 $1,110.00
Partial Total Medical $5,759.50
J.Vitullo has had other medical care and treatment that is not contained in this document, however, she is still suffering from the physical and emotional aspects of this incident.
11. In addition to the aforementioned medical bills, as a direct and proximate result of the above occurrence, J.Vitullo incurred the following financial expenses:
Funeral Expenses (A.Vitullo) Mont Clair Funeral $6,815.17 Funeral Luncheon $1,852.88 All Saints Mausoleum $4,700.00
$13,368.05 American Diving Salvage Co. (wreckage removal) P.O. Box 578250 Chicago, Illinois 60657-8250 07/28/97 $4,500.00
TOTAL $17,568.05
12. As a direct and proximate result of the above occurrence, J, Vitullo sustained the following property losses:
a. Loss of 1997 26-foot Velocity powerboat $69,580.00
b. Loss of boating equipment
Anchor Shade $170.00
Spotlight $30.00
Fenders (4) $130.00
Propellor Lock $40.00
Fire Extinguisher $25.00
Lifevests, anchor $350.00 $745.00
c. Loss of personal items
RCA Hi-8 Camcorder $1,142.66
Minolta 400si 35mm Camera $380.00
Minolta 70-210 Zoom Lens $180.00
Clothing, blankets, etc $500.00
Pagenetpager $50.00 2,252.66
TOTAL $72,527.66
13. J.Vitullo and A.Vitullo met in the summer of 1992. They started dating in the fall of 1994. They dated continuously up until their engagement of December 14, 1995. On September 28, 1996, J.Vitullo and A.Vitullo were married. No children came from this marriage. Moreover, neither J.Vitullo nor A.Vitullo never had any children nor adopted any children before his death.
14. At the time of his death, A.Vitullo earned an annual income of $47,598.00.
15. Prior to his death on July 27, 1997, J.Vitullo and A.Vitullo jointly operated a business commonly known as "Dimensions Through Motivation" (hereinafter referred to as "Dimensions). A. Vitullo was the owner of this business and undertook all major responsibilities regarding its operation.
16. In addition to working together, J.Vitullo and A.Vitullo cherished spending time with one another outside of the work environment. J.Vitullo and A.Vitullo were happily married and planned to start a family in the future. Moreover, J.Vitullo and A.Vitullo enjoyed a healthy sexual relationship.
17. As a direct and proximate result of the above occurrence, J.Vitullo lost the companionship and joy that was once provided by her husband, A.Vitullo. Her entire life has changed since July 27, 1997. In addition, A.Vitullo's expertise with regards to running their business and, as a result, Dimensions had lost a significant amount of revenue. In September of 1999, J.Vitullo closed the business and sold all of the assets.
CONCLUSION AND AWARD OF JUDGMENT
As a result of her personal injuries that she suffered and due to the Default Judgment entered against both Defendants, J.Vitullo is awarded a total of $165,000.00 to compensate her for her physical and mental injuries relative to this incident.
In addition, as a result of her husband, A.Vitullo's death, J.Vitullo sustained a loss of consortium and companionship. J.Vitullo is awarded a total of $600,000.00 to compensate her for her husband's death.
Finally, J.Vitullo is awarded the economic damages for the property loss of $72,527.66 and incidental expenses associated with A.Vitullo's death in the amount of $13,368.05.