Ill. Pattern Jury Instr. (Civil) 30.01

If you d

ecide for the plaintiff on the question of liability, you must then fix the amount of

money which will reasonably and fairly compensate him for any of the following elements of

damages proved by the evidence to have resulted from the [negligence] [wrongful conduct] [of

the defendant], [taking into consideration (the nature, extent and duration of the injury) (and) (the

aggravation of any pre-existing ailment or condition)].

[Here in

sert the elements of damages which have a basis in the evidence]

Whether

any of these elements of damages has been proved by the evidence is for you to

determine.

Notes o

n Use

This ins

truction cannot be given in the form shown on this page. It must be completed by

selecting the appropriate elements of damages from among phrases IPI 30.04 through IPI 30.20.

The phrases so selected should reflect the relevant items of damage and be inserted between the

two paragraphs of IPI 30.01.

The brac

keted words “taking into consideration the nature, extent and duration of the

injury” are to be used only in cases involving an injury to the person. See comment to IPI 30.02.

The brac

keted words “the aggravation of any pre -existing ailment or condition” are to be

used only in those cases where there is a claim that the plaintiff's injuries arose in whole or in

part from an aggravation of a pre-existing ailment or condition. See comment to IPI 30.03.

The brac

keted words “wrongful conduct” in the first paragraph may be used instead of

“negligence” when the misconduct alleged includes a charge such as willful and wanton conduct

or other fault.

Other phr

ases may be substituted for the bracketed terms “negligence” or “wrongful

conduct” or “wrongful conduct of the defendant” where appropriate, such as “unreasonably

dangerous condition of the product.”

If the pl

aintiff sustained no impact to his body and his injury or illness resulted entirely

from emotional distress under circumstances where his injury or illness is compensable, insert at

the end of the first paragraph of the instruction the phrase “resulting from emotional distress.”

Commen

t

A byst

ander present in a zone of physical danger who, because of the defendant's

negligence, has a reasonable fear for his own safety is given a right of action for physical injury

or illness resulting from emotional distress caused by that fear. Rickey v. Chicago Transit Auth.,

98 Ill.2d 546, 457 N.E.2d 1, 75 Ill.Dec. 211 (1983). This decision abrogat ed the former “impact

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rule” which required a bystander to have suffered a contemporaneous physical injury or impact

to permit recovery.

A caus

e of action is also available for the intentional infliction of emotional distress.

Knierim v. Izzo, 22 Ill.2d 73, 174 N.E.2d 157 (1961).

The “aggr

avation of any pre-existing ailment or condition” is a factor but not an element

of damage. Luye v. Schopper, 348 Ill.App.3d 767, 284 Ill.Dec. 34, 809 N.E.2d 156 (1st

Dist.2004); Hess v. Espy, 351 Ill.App.3d 490, 286 Ill.Dec. 213, 813 N.E.2d 270 (2nd Dist.2004);

Smith v. City of Evanston, 260 Ill.App.3d 925, 631 N.E.2d 1269, 197 Ill.Dec. 810 (1st

Dist.1984).

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