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FIRST DIVISION
March 28, 2011

No. 1-09-0639

ESTATE OF ROSEMARY OGLESBY, ) Appeal from the
Deceased, GEORGE OGLESBY and) Circuit Court of
GEORGE OGLESBY, as Father ) Cook County.
and next Friend of GEORGE )
OGLESBY II, a Minor, ) No. 02 L 8377

)
Plaintiffs-Appellees, )
)

v. )

) Honorable
WILLIAM BERG and THE CHICAGO) Vanessa Hopkins,
PARK DISTRICT, ) Judge Presiding.

)
Defendants-Appellants.)

PRESIDING JUSTICE Hall delivered the judgment of the court,
with opinion.

Justices Hoffman and Rochford concurred in the judgment and
opinion of the court.

OPINION

The defendants, William Berg and the Chicago Park District,

appeal from a judgment entered on a jury verdict awarding damages

to the plaintiffs, the estate of Rosemary Oglesby, George Oglesby

and George Oglesby II, a minor. The plaintiffs were injured in a

collision between a park district van, driven by Mr. Berg, and a

Chevy Impala, driven by Mrs. Oglesby. Her son, George Oglesby

(Mr. Oglesby) and grandson, George II, were passengers in the

Impala.

On appeal, the defendants raise the following issues:

whether the trial court's denial of their request for an exhibit

to go to the jury room requires a new trial on damages, and

whether the trial court should have granted a remittitur of the
damages awarded to the estate for Mrs. Oglesby's pain and
suffering and loss of a normal life. As this appeal concerns
only the damages suffered by Mrs. Oglesby, we will concentrate
our discussion on the evidence pertaining to her injuries and the
results therefrom.

BACKGROUND

The accident occurred on September 23, 1998, at the
intersection of Marquette Avenue and Lake Shore Drive.1 At the
time of the accident, Mrs. Oglesby was 60 years old and suffered
from cancer. In 2000, Mrs. Oglesby died from complications due
to cancer, and her estate was substituted as a party. Trial of
the personal injury suit took place on September 23, 2008.

Mr. Oglesby testified that the impact of the collision was
severe; the park district's van flipped over and the Impala was
destroyed. Mrs. Oglesby's face hit the windshield. The
plaintiffs were taken by ambulance to Jackson Park Hospital for
treatment. While not specifically stated in the record, it
appears the plaintiffs were released from the hospital the same
day as the accident. When Mrs. Oglesby left the hospital, her
head was bandaged.

Mr. Oglesby testified that Mrs. Oglesby was seen by Dr.

1The original complaint was filed in 1999. It was
voluntarily dismissed and refiled in 2002.

Silverman and Dr. Volkening. Following the accident, Mr. Oglesby
moved in with Mrs. Oglesby to care for her, as she was no longer
able to maintain her residence on her own. Mrs. Oglesby was in
pain from the accident and required medication. On cross

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