Garley v. Columbia LaGrange Hospital

In Garley v. Columbia LaGrange Hospital, 377 Ill. App. 3d 678, 881 N.E.2d 370, 317 Ill. Dec. 202 (2007), the plaintiff filed a wrongful death action against the hospital and two doctors after his wife died from a pulmonary embolism following abdominal surgeries. The plaintiff was awarded damages against the hospital and one doctor pursuant to a jury verdict, and the judgment was reversed by this court after the hospital appealed and the case was remanded for a new trial. Garley, 377 Ill. App. 3d at 679-80. On remand, the circuit court certified questions of law for appeal. In answering the first certified question, this court concluded that both doctors were parties in the retrial, even though they did not appeal from the judgment entered on the jury verdict in the first trial. The Court noted that the doctors and the plaintiff agreed in a pretrial "high-low" settlement that, if the case was reversed and remanded on appeal, the settlement would be void and the doctors would be parties in the retrial. Garley, 377 Ill. App. 3d at 682. The Court also noted that in its previous mandate, it stated "'we reverse and remand this matter for a new trial consistent with the views expressed herein.'" Garley, 377 Ill. App. 3d at 682, quoting Garley v. Columbia LaGrange Memorial Hospital, 351 Ill. App. 3d 398, 413, 813 N.E.2d 1030, 286 Ill. Dec. 337 (2004). The Court explained that nowhere in its opinion did it limit reversal of the matter to the hospital alone. Garley, 377 Ill. App. 3d at 682. The Court further explained that" 'in Illinois, a reversal abrogated the decree and leaves the cause of action as it stood prior to its entry, restoring the parties to their original positions.'" Garley, 377 Ill. App. 3d at 682, quoting In re Marriage of Lehr, 317 Ill. App. 3d 853, 859, 740 N.E.2d 417, 251 Ill. Dec. 336 (2000). Therefore, the Court concluded that the reversal placed plaintiff, the hospital, and the doctors back in the same position prior to the jury's verdict. Garley, 377 Ill. App. 3d at 682.