# Brown v. St. John's Hospital of Hospital Sisters of Third Order of St. Francis

> Appellate Court of Illinois · August 8, 1977 · 51 Ill. App. 3d 1044

URL: https://www.frixlaw.com/law-library/cases/9540282

## Case

- **Full name:** ROSE MARIE BROWN, N/K/A Rose Marie McCord, Plaintiff-Appellant, v. ST. JOHN’S HOSPITAL OF THE HOSPITAL SISTERS OF THE THIRD ORDER OF ST. FRANCIS Et Al., Defendants-Appellees
- **Court:** Appellate Court of Illinois
- **Decided:** August 8, 1977
- **Citations:** 51 Ill. App. 3d 1044; 9 Ill. Dec. 721; 367 N.E.2d 155; 1977 Ill. App. LEXIS 3233
- **Precedential status:** Published
- **Opinion:** Concurring in part by Craven
- **Judges:** Mills, Craven, Graven
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9540282

## Opinion text

Mr. PRESIDING JUSTICE CRAVEN, concurring in part and dissenting in part:
I am in agreement with the majority opinion except as it relates to the issue of damages. Upon that issue, I would reverse and remand for a new trial.
In this case, the so-called “special damages” or out-of-pocket expenses amount to *774. The jury verdict of *1,000 leaves only *226 more than the specials, and that *226 has to compensate for the disfigurement, the permanent injuries, the pain and suffering — *226 for those items of damages as shown by this record is palpably inadequate. There is no reasonable relationship between the damages returned and the loss suffered by the plaintiff. Such verdict could only result from passion or prejudice or a misapprehension of the measure of damages. Under either circumstance, the plaintiff is entitled to a new trial upon the issue of damages only. See Rapp v. Kennedy (1968), 101 Ill. App. 2d 82 , 242 N.E.2d 11 ; See generally 11 A.L.R.3d 370 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9540282. Public record. Not legal advice.