A Sangamon County Circuit Court judge has ruled that the family of a youth who drowned in Lake Springfield in 2007 is due $525,000 from the city of Springfield, not twice that amount.
In ruling against the city in February, a jury appeared to rule that the city should pay slightly more than $1 million to the family of Eric Jones, who was 16 when he drowned within 10 feet or so from a manned lifeguard chair. In fighting the city’s motion to slash the apparent verdict, lawyers for Jones’ family submitted affidavits from six jurors who said that the jury, indeed, intended to award more than $1 million to the family.
During trial, lawyers for the family argued on two counts, one that lifeguards and the city were negligent in supervising swimmers, two, that lifeguards botched rescue operations and might have saved Jones’ life if they had followed proper protocol. The jury filled out two verdict forms, one for each count, and awarded equal amounts of $525,000 for each count.
But Sangamon County Circuit Court Judge John Schmidt on Wednesday ruled that the family is due $525,000, not the double that amount.
In his ruling, Schmidt wrote that there was just one injury, Jones’ death, and so there can be just one award, not two separate awards divided between two counts.
“For one injury there may only be one recovery,” Schmidt wrote.
Randall Mead, who argued the case for the city, said that he wasn’t surprised by Schmidt’s ruling.
“This was clear law, I thought, if there is such a thing,” Mead said.
That the plaintiff filed affidavits from six jurors who said that they intended to award more than $1 million is irrelevant, Mead said. Once a jury reaches a decision, the work of jurors is finished and what they say after the fact doesn’t count, he said.
“As long as there’s been law, it’s been improper to use affidavits from jurors to say what happened in the jury room or what they meant to do,” Mead said.
Todd Bresney, attorney for the plaintiffs, said that he expects to appeal Schmidt’s ruling.
“I think the judge is wrong,” Bresney said.
The case is already headed to an appeals court. After Schmidt in April denied the city’s motion to vacate the verdict or set a new trial, the city filed an appeal. Mead said he believes that Jones’ family deserves nothing.
To prevail, the plaintiff had to show that lifeguards and the city acted willfully and wantonly to cause Jones’ death, Mead said. Mere negligence, which Mead said that he doesn’t acknowledge in the case, doesn’t suffice. He noted that Jones could not swim, yet ventured into water over his head.
“I still think there were a lot of mistakes made in the trial that should be rectified,” Mead said. “It’s like Springfield’s version of the McDonald’s hot coffee case.”
Contact Bruce Rushton at brushton@illinoistimes.com.
This article appears in May 21-27, 2015.
