Ill. Pattern Jury Instr. (Civil) 30.09

Plaintiff, Emancipated Minor, or Minor Whose Parent Has Assigned Claim to Minor

The reaso

nable expense of necessary help [and the present cash value of such expense

reasonably certain to be required in the future].

Instruc

tion and Comment revised January 2010.

Notes o

n Use

This el

ement is to be inserted between the paragraphs of IPI 30.01 when the evidence

justifies its use.

To incl

ude the bracketed material relating to future caretaking expense, there must be

evidence that such expense is reasonably certain to be incurred in the future.

If the pl

aintiff is a minor or minor's representative and the right to recover these expenses

during minority has not been assigned to the minor, use IPI 30.08.

Commen

t

Plaintiff

is entitled to recover all damages that naturally and proximately flow from the

tort. Horan v. Klein's -Sheridan, Inc., 62 Ill.App.2d 455, 459, 211 N.E.2d 116, 118 (3d Dist.

1965). Incidental caretaker expenses resulting from personal injuries are therefore appropriate

elements of damages. Hoobler v. Voelpel, 246 Ill.App. 69 (2d Dist. 1927) (court allowed

recovery of expense of hiring help in plaintiff's home during convalescence). Recovery is not

limited to caretaking expenses incurred in the home, however, and extends to all necessary help

reasonably incurred as a result of the injury suffered. In North Chicago St. R. Co. v. Zeiger, 182

Ill. 9, 54 N.E. 1006 (1899), the Illinois Supreme Court approved the use of this instruction where

plaintiff, a butcher employing 25 workers, had to pay a substitute superintendent to perform

plaintiff's duties for a period of five months after his accident. Worley v. Barger, 347 Ill.App.3d

492, 807 N.E.2d 1222, 283 Ill. Dec. 381(5th Dist. 2004) (the court noted plaintiff should be

permitted to seek recovery for the reasonable value of caretaking services that would have been

allowed had someone been employed to care for her child).

On the is

sue of present cash value, see the 34.00 series.

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