Anderson v. Zamir

While driving, Saadia Zamir (defendant) rear-ended college student Tiffany Anderson (plaintiff). Later that day, Anderson went to the hospital complaining of back pain on her left side. She was prescribed pain medication and a neck brace. Follow-up visits at the student health center resulted in additional pain medication and six months of physical therapy. Almost a year after the accident, Anderson returned to the student health center complaining of shoulder pain. An orthopedic specialist identified a tear in the labrum of her left shoulder, requiring surgery and more physical therapy. After the surgery, Anderson sued Saadia and her husband, Saeed (defendant), seeking damages for her back and shoulder injuries. The Zamirs admitted liability, meaning the trial was purely to determine appropriate damages. Two doctors testified that despite the delay in symptoms, the shoulder injury was likely caused by the accident. The Zamirs did not offer any evidence impeaching the doctors’ testimony. On cross-examination, however, the Zamirs’ attorney suggested that Anderson should recover damages for her back injury only. Anderson’s medical bills from the back and shoulder injuries totaled $28,804. However, the trial-court jury awarded her only $12,500, $5,000 for medical bills and $7,500 for pain and suffering. After the trial court denied Anderson’s motion for a new trial, Anderson appealed to the Illinois Appellate Court, contesting the validity of the jury’s damages award.