James R. Fregeau was involved in two separate rear-end motor vehicle crashes within 20 months. In both cases his car was rear-ended by another vehicle. Fregeau filed two separate lawsuits that later were consolidated for discovery and trial.
The first crash took place on April 22, 2009 when the car driven by defendant Anthony Foster rear-ended a vehicle in front of him that was then pushed into the Fregeau car. The second crash took place on Dec. 4, 2010 when the car driven by defendant Dina Whittier rear-ended Fregeau’s car on southbound Interstate 57 near 167th Street in Markham, Ill. In that case, the Fregeau and the Whittier car spun out and a second impact occurred when they struck each other.
As for the first crash, Fregeau was 27 years old and claimed he suffered spinal sprains and aggravations of a facet joint arthropathy, which required emergency room visits, doctor visits, CT scans, MRIs, bone scan, physical therapy, chiropractic treatment, facet blocks and future facet ablations.
At the jury trial, the attorney for Fregeau suggested that the jury apportion $18,802 in post-second accident medical expenses split evenly between the two defendants based on testimony from a treating physician.
The defendants admitted liability in both cases and neither defendant testified at the trial. The presiding judge at trial barred reference to Whittier’s DUI and leaving the scene of the accident. The defense for Foster maintained that Fregeau suffered only soft tissue injuries, which should have resolved within just 12 weeks.
The defense for Whittier contended that Fregeau’s complaints were still ongoing at the time of the second crash and thus, there was no evidence that he suffered anything more than soft tissue, subjective complaints from the second accident. Both defendants had $100,000 insurance policy limits.
The attorney representing Fregeau was Scott Norris. The settlement demand before trial was $200,000. The offers made were $21,500 on behalf of Foster and $24,500 on behalf of Whittier. Both defendants were insured by State Farm.
The jury’s verdict of $85,946 was made up of the following damages:
- $59,081 versus Anthony Foster:
- $54,081 for past medical expenses; and
- $5,000 for past pain and suffering.
- $26,865 versus Dina Whittier:
- $21,865 for past medical expenses; and
- $5,000 for past pain and suffering.
The jury verdict entered nothing on behalf of the plaintiff for his claimed loss of normal life, future medical expenses or future pain and suffering as to both of the cases.
James R. Fregeau v. Anthony Foster, Dina Whittier, No. 11 L 2704 consol. with 11 L 10096 (Cook County, Ill.).
Kreisman Law Offices has been handling car accident cases, bicycle accident cases and truck accidents cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Morton Grove, Aurora, Niles, River Grove, Matteson, Roselle, Western Springs, Markham, Skokie, Lincolnwood, Lincolnshire and Bartlett, Ill.
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