## Facts

- On April 18, 1996, Nancy Epping was driving south on Route 31 toward Algonquin, Illinois.
- Commonwealth Edison employee Mark Schleehauf drove an Edison “stake truck” northbound and, after leaning over to throw away a pear core, failed to notice a car slowing to turn left into the YMCA.
- Schleehauf struck the stopped car (driven by Reverend James Bensing), forcing it across the centerline into oncoming traffic and into a head-on collision with Epping’s car.
- Epping suffered catastrophic injuries, including multiple open fractures of the right proximal tibial plateau (near the knee), an open fracture of the right foot with a large wound on the top of the foot, a left ankle fracture, a fractured left wrist, and a fractured/dislocated left hip with pelvic injury.
- Epping was extricated from her vehicle and airlifted by helicopter to Lutheran General Hospital.
- Between 1996 and 1999, Epping underwent at least 32 surgeries and procedures.
- Even after surgery, Epping developed a “flail leg” condition after removal of part of her tibia, leaving the leg unable to bear weight and able to move in abnormal directions.
- Epping could not walk, required a wheelchair, and had difficulty moving in the wheelchair because her wrist had been surgically fixed in place; she also lost the ability to drive.
- Photographs showed severe deformity of Epping’s leg and foot, and physicians testified her leg might need amputation in the future.
- Evidence (including a “day-in-the-life” video) showed Epping needed help with basic daily tasks such as getting out of bed, transferring to a chair, and using the toilet.
- Before the crash, Epping (age 49) led an active professional life: she taught anthropology part-time at McHenry County Community College, served as executive director of the Elgin Public Museum, and traveled as president of the Midwest Museum Conference; she also enjoyed activities such as sailing and reading.
- Epping sued Commonwealth Edison; Edison admitted liability, and the case went to a jury trial on damages only.
- The jury awarded Epping $4.5 million in economic damages and $9 million in noneconomic damages (disability, disfigurement, and past and future pain and suffering).
- Edison moved for a new trial or, alternatively, a remittitur reducing the noneconomic award; the trial court denied the motion, and Edison appealed.

## Issues

1. Whether the jury’s $9 million noneconomic damages award was so excessive that it fell outside the range of fair and reasonable compensation, requiring a new trial or remittitur.

## Decision

- The Appellate Court of Illinois, First District, affirmed the judgment.
- The court held the $9 million noneconomic award was supported by the evidence of permanent disability, disfigurement, loss of independence, and ongoing pain, and it did not “shock the judicial conscience.”
- The court found no basis to conclude the verdict resulted from passion or prejudice, noting the record lacked trial irregularities suggesting an inflamed jury.
- The court rejected the argument that the award had to be reduced based on other cases, stating that comparisons may be considered but are not controlling because each case turns on its own facts.

## Legal Principles

- A damages award will be disturbed only if it is outside the range of fair and reasonable compensation, “shocks the judicial conscience,” or appears to be the product of passion or prejudice.
- Review of noneconomic damages is deferential to the jury’s evaluation of disability, disfigurement, and pain and suffering, and to the trial judge’s decision denying remittitur or a new trial.
- Evidence showing the day-to-day effect of injuries (including photographs and video) may support a large noneconomic award when it demonstrates lasting loss of function, dependence on others, and continuing pain.
- Awards in other cases can be consulted, but they do not set a cap; the reasonableness of a verdict depends on the plaintiff’s specific injuries and their long-term effects.

## Conclusion

The appellate court affirmed the full verdict, holding that $9 million in noneconomic damages for Epping’s permanently disabling and disfiguring injuries was within the range of fair and reasonable compensation and did not reflect passion or prejudice, even if it exceeded amounts awarded in other cases.


Epping v. Commonwealth Edison Co., 315 Ill. App. 3d 1069 (2000)