Clarke v. Medley Moving and Storage

              FIFTH DIVISION
March 7, 2008
No. 1-06-3072
GARCIA CLARKE, as Executor of the Estate of George
Clarke, Jr., Deceased,
Plaintiff-Appellee,
v.
MEDLEY MOVING AND STORAGE, INC., and
GREGORY GRIFFIN,
Defendants-Appellants.
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Appeal from the
Circuit Court of
Cook County
No. 03 L 6457
Honorable
John B. Grogan,
Judge Presiding.
JUSTICE O'MARA FROSSARD delivered the opinion of the court:
After a jury trial, defendants Medley Moving and Storage, Inc. (Medley), and Gregory
Griffin were found liable in the survival claim for the pain and suffering George Clarke, Jr.
(Clarke), endured prior to his death and the wrongful death claim for his four surviving children.
On appeal, defendants contend: (1) the trial court erred in denying their motion for judgment
notwithstanding the verdict on damages for loss of past and future gifts, benefits, goods and
services; (2) the trial court erred in denying their motion for judgment notwithstanding the verdict
on damages for pain and suffering; (3) the trial court erred by not including the modifier
conscious in the jury instruction for compensation for pain and suffering; (4) the trial court erred
in denying a new trial due to plaintiff's comments during closing argument concerning the special
interrogatory; (5) the cumulative effect of allegedly prejudicial comments by plaintiff's counsel
during closing argument deprived defendants of a fair trial; and (6) that remittitur should be