Hawkes v. Casino Queen, Inc.

Case Date: 01/29/2003
Court: 5th District Appellate
Docket No: 5-01-0001 Rel

                  NOTICE
Decision filed 01/29/03.  The text of
this decision may be changed or
corrected prior to the filing of a 
Petition for Rehearing or the disposition of the same.

NO. 5-01-0001

IN THE

APPELLATE COURT OF ILLINOIS

FIFTH DISTRICT


RICK G. HAWKES,

     Plaintiff-Appellee,

v.

CASINO QUEEN, INC.,

     Defendant-Appellant.

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Appeal from the
Circuit Court of
St. Clair County.

No. 00-L0313

Honorable
Richard A. Aguirre,
Judge, presiding.




JUSTICE CHAPMAN delivered the opinion of the court:

A jury rendered a verdict in favor of Rick G. Hawkes (plaintiff) and against Casino Queen,Inc. (defendant), for injuries sustained by plaintiff while using the restroom aboard defendant'scasino cruise ship. Defendant now appeals. The issues for review are as follows: (1) whether thecircuit court erred in prohibiting defendant from performing a psychiatric examination upon plaintiff,(2) whether the court erred in granting plaintiff's motion in limine, which prevented the admissionof evidence of plaintiff's prior injuries, (3) whether the circuit court erred in denying defendant'smotion for a directed verdict at the close of plaintiff's case, (4) whether the circuit court erred insubmitting certain jury instructions, (5) whether the jury's award of damages was against the manifestweight of the evidence, and (6) whether the circuit court erred in denying defendant's motion for ajudgment notwithstanding the verdict. We affirm.

I. BACKGROUND

On November 12, 1994, plaintiff boarded defendant's casino for an afternoon cruise. Duringhis visit plaintiff entered the men's restroom. While in the restroom, plaintiff tripped and fell to thefloor, sustaining injuries to his head, neck, and back. Plaintiff was later taken by ambulance to St.John's Mercy Hospital for medical treatment. After being released from the hospital, plaintiffreceived medical care from Dr. David Schreiber for head, neck, and shoulder pain, as well as forweakness in his arms and inability to grip. Dr. Schreiber eventually referred plaintiff to Dr. GeorgeSchoedinger, an orthopedic surgeon. Dr. Schoedinger diagnosed plaintiff as suffering from aruptured disc at the C5-C6 level and later performed an anterior cervical discectomy and fusion uponhim. Dr. Schoedinger believed that plaintiff's ruptured disc, or the symptoms he experienced thatnecessitated his surgery, had been caused by his November 12, 1994, fall. Plaintiff also received asubmuscular ulnar nerve transposition, performed by Dr. David Haueisen, to cure cubital tunnelsyndrome also caused by the fall.

Plaintiff filed a complaint against defendant in the circuit court of Madison County. Plaintiff's complaint, as amended on August 18, 1995, alleged that he was an invitee using thebathroom aboard defendant's casino boat when he was caused to trip and fall by an open cabinet doorimmediately below one of the bathroom sinks. Plaintiff alleged that defendant had been negligentin (1) opening and leaving open the cabinet door below the bathroom sink, (2) failing to warn himof the open door and the dangerous condition it created, (3) failing to close the door or correct thedangerous condition it presented, (4) failing to ascertain that he was lying in a position of dangerwhile its agents repeatedly attempted to open the bathroom door, or (5) carelessly operating itsgaming boat. Plaintiff alleged that these incidents of defendant's negligence proximately caused hisfall and resulting injuries. Plaintiff's suit was later transferred to St. Clair County on grounds offorum non conveniens. On December 30, 1998, defendant amended its answer to include a third-party complaint against Boatmen's National Bank. Defendant alleged that the bank might be liablein part for plaintiff's damages under the Americans with Disabilities Act of 1990 (42 U.S.C.