Articles Posted in Suicide

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The signed forms juries bring back with their findings when deliberations are completed are typically referred to as verdicts. Section 2-1303 of the Illinois Code of Civil Procedure calls for computing post-judgment interest on verdicts “from the time when made or rendered to the time of entering judgment upon the same.” Based on this law, the administrator of Keith Stanphill’s estate argued that post-judgment interest on a $1,495,151 verdict against Rockford Memorial Hospital and Lori Ortberg started running on June 2, 2016 when jurors rendered their verdict.

The trial judge had tossed aside the verdict based on the answer to a special interrogatory. It wasn’t until Oct. 31, 2017 that the Illinois Appellate Court reversed the trial court and remanded with instruction to enter judgment on the verdict.

The trial judge then concluded that the administrator was entitled to $155,544 in post- judgment interest running from Oct. 31, 2017 when the case was returned to the trial court for entry of that judgment.
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Anita Irvin went into the emergency room complaining of swelling and pain in her leg. During that visit, her primary care physician informed the emergency-room physician that she had recently made suicidal ideations.

The emergency-room staff prevented Irvin from leaving the hospital, dressed her in a paper hospital gown, and forced her to turn over her purse and provide blood and urine samples before a counselor could be called to evaluate her.

Irvin sued the hospital for false imprisonment.
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The Illinois Supreme Court was asked to determine whether this special interrogatory given to the jury in this lawsuit was in proper form and whether the jury’s answer to the special interrogatory was inconsistent with its general verdict in the plaintiff’s favor.

The Circuit Court of Winnebago County held that the jury’s answer to the special interrogatory was inconsistent with the general verdict and entered judgment in favor of the defendants. The Illinois Appellate Court reversed, 2017 IL App (2d) 161086, finding that the special interrogatory was not in proper form and, therefore, should not have been given to the jury.

In addition, the court determined that because the special interrogatory was ambiguous, the jury’s answer was not necessarily inconsistent with its general verdict. For those reasons, the Illinois Supreme Court affirmed the judgment of the appellate court.
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In an unfortunate suicide by Keith Stanphill, a lawsuit was brought by Zachary Stanphill against a social worker, Lori Ortberg, and the hospital with which she was affiliated. She saw Keith Stanphill at Rockford Memorial Hospital just nine days before his suicide. Ortberg is a licensed clinical social worker.

During the jury instruction conference, the defendants requested and were granted leave to submit to the jury a special interrogatory. The special interrogatory followed the format approved by the Illinois Appellate Court in Garcia v. Seneca Nursing Home, 2011 IL App (1st) 103085.

The special interrogatory asked: “Was it reasonably foreseeable to Lori Ortberg on Sept. 30, 2005 that Keith Stanphill would commit suicide on or before Oct. 9, 2005?”
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A 16-year-old girl was incarcerated at a county juvenile detention center.She had a history of chronic depression and other mental health issues, was noted to be irritable and at risk for self-injurious behavior and suicide.

During her approximately two-month stay, this young woman was placed on suicide watch many times. Medications included Abilify, which was prescribed to help with her mood and anxiety.

This detainee experienced chest pains and increased anxiety. She asked the probation officer if she could see a mental health expert. The next day she complained to a physician that the Abilify was not working and that she was experiencing panic attacks. The doctor referred the young woman to a psychiatrist. Several hours later however, the woman barricaded herself in her room and hanged herself with a bedsheet. She is survived by her parents.

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On May 21, 2015, the Illinois Supreme Court affirmed a general rule as a matter of law with respect to suicide. Maria Turcios brought a wrongful death lawsuit based on her husband’s suicide. The lawsuit alleged that it was caused by the defendant’s intentional infliction of emotional distress.

The lawsuit was filed against DeBruler Company as the agent for Colonial Park Apartments. Her husband was Nelsyn Caceras, who was also known as Ricardo Ortiz. The plaintiff alleged that she and her family had suffered through many efforts by the defendant apartment complex to throw the family out of their apartment stating that the building was being demolished. In fact, the apartment building was torn down.

The Supreme Court reviewed de novo the trial judge’s grant of the defendant’s motion to dismiss plaintiff’s wrongful death and survival claims. The Illinois Appellate Court vacated the order and remanded the case. The Supreme Court reversed and reinstated the dismissal order.

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