## Facts

- Meta Krueger, age 83, entered Illinois Masonic Warren Barr Pavilion in October 1993 for short-term rehabilitation after a suspected vertebral compression fracture and had impaired mobility.
- Facility records indicated Krueger needed assistance walking and was not independently ambulatory.
- On November 11, 1993, around 3:45 a.m., Krueger fell in her bathroom; staff completed fall-prevention documentation.
- After the first fall, Krueger’s physician ordered that she receive supervision and assistance with ambulation and transfers.
- Nursing staff largely assisted Krueger only when she called for help, despite charting reflecting she could not safely ambulate alone.
- A nurse told Krueger she would be moved to another room; when no assistance arrived, Krueger packed and moved her belongings into the hallway without requesting help.
- During the move, Krueger fell again, fractured her hip, and required surgery and extensive therapy.
- A jury awarded damages that were reduced by 49% for Krueger’s comparative fault; the trial court then trebled the reduced amount under the Illinois Nursing Home Care Act and awarded attorney’s fees and costs.

## Issues

1. Whether the negligence verdict and proximate-cause finding were against the manifest weight of the evidence in light of Krueger’s conduct and the facility’s policies.
2. Whether the trial court abused its discretion by admitting allegedly undisclosed or untimely expert opinion testimony from Dr. James Sliwa.
3. Whether a 1995 amendment to the Nursing Home Care Act limiting treble damages applied retroactively to this pre-amendment claim.
4. Whether the attorney’s fee award under the Act was an abuse of discretion.

## Decision

- Affirmed the judgment for the plaintiff, including the negligence verdict, comparative fault allocation, treble damages, and attorney’s fees.
- Held the verdict was supported by evidence that the facility knew Krueger was at high fall risk, had a prior fall, and was subject to medical orders for supervision, yet was effectively left to move without assistance.
- Held admission of Dr. Sliwa’s testimony was within the trial court’s discretion because any discovery deficiency did not warrant exclusion on the record presented.
- Held the 1995 amendment limiting treble damages was not retroactive because it altered substantive rights and lacked clear legislative intent for retroactive application.
- Held the fee award fell within the trial court’s discretion under the Act.

## Legal Principles

- A nursing facility may be found negligent where injury from an unsupervised fall is foreseeable given the resident’s known mobility limits, a prior fall, and physician orders requiring supervision and assistance.
- A resident’s unsafe conduct may reduce recovery through comparative fault but does not bar liability when the facility’s failure to provide required supervision is a substantial cause of the harm.
- Trial courts have broad discretion over discovery and evidentiary rulings concerning expert testimony; exclusion is not required absent a showing of unfair prejudice warranting such a sanction.
- Statutory amendments that limit or eliminate treble damages under the Illinois Nursing Home Care Act are substantive and presumed prospective absent clear legislative intent; pre-amendment claims may receive treble damages under the earlier version.
- Attorney’s fees authorized by the Nursing Home Care Act are reviewed for abuse of discretion, with attention to reasonableness and the statute’s enforcement purpose.

## Conclusion

The appellate court upheld liability and enhanced remedies against a nursing facility where a high-risk resident fell after being told to move rooms without receiving needed assistance, ruling that comparative fault did not defeat recovery, the expert testimony ruling was within trial-court discretion, the treble-damages limitation enacted in 1995 did not apply to an earlier-accrued claim, and the fee award was permissible under the Act.


Parker v. Ill. Masonic Warren Barr Pavilion, 299 Ill. App. 3d 495, 701 N.E.2d 190 (Ill. App. Ct. 1998)