Snover v. McGraw

In Snover v. McGraw, 172 Ill. 2d 438, 449, 667 N.E.2d 1310, 217 Ill. Dec. 734 (1996), our supreme court held that a jury may award pain-related medical expenses and may also determine that the evidence of pain and suffering was insufficient to support a jury award. Snover, 172 Ill. 2d at 448. The court noted that the determination of damages was within the discretion of the jury and that an award for pain and suffering was especially difficult to quantify. Snover, 172 Ill. 2d at 448. In Snover, the plaintiff had almost no objective symptoms of pain, returned to school after a few days, and was able to play tennis every day thereafter. In that case, the plaintiff complained of abdominal pain immediately after an automobile accident, but emergency room physicians found no apparent bruising or swelling. Plaintiff's xrays proved negative, a CAT scan showed no sign of head injury, she had a full range of motion, and she made no complaints of neck pain. Snover, 172 Ill. 2d at 441-43. The expert testimony as to plaintiff's injuries was in conflict, and there was no suggestion of mistake, confusion, partiality, or prejudice on the part of the jury. Snover, 172 Ill. 2d at 442-43. The jury awarded damages for medical bills incurred from the date of the accident through plaintiff's initial therapy sessions, and it awarded limited damages for out-of-pocket medical expenses. Snover, 172 Ill. 2d at 443. Between the accident and trial, the plaintiff had been involved in two subsequent car accidents and had suffered a weightlifting injury. Snover, 172 Ill. 2d at 442. The court found that the jury was well within the confines of the evidence in concluding that the plaintiff suffered only minimal discomfort which was not compensable. Snover, 172 Ill. 2d at 449. In reaching its decision, our supreme court in Snover emphasized that, in other cases, an award of medical expenses without a corresponding award for pain and suffering might be inappropriate. Snover, 172 Ill. 2d at 449. The court noted that if the evidence clearly indicates that the plaintiff suffered serious injury, a verdict for medical expenses alone could be inconsistent and that this determination is best made by the trial court in a posttrial motion. Snover, 172 Ill. 2d at 449. In making this determination, the trial court "should consider the distinction between subjective complaints of injury and objective symptoms." Snover, 172 Ill. 2d at 449. Our supreme court concluded that "in cases in which a plaintiff's evidence of injury is primarily subjective in nature and not accompanied by objective symptoms, the jury may choose to disbelieve the plaintiff's testimony as to pain. In such a circumstance, the jury may reasonably find the plaintiff's evidence of pain and suffering to be unconvincing." Snover, 172 Ill. 2d at 449.