On Jan. 21, 2010, Dean Economos, 18, was driving eastbound on Peterson Avenue near Rogers Avenue in the Rogers Park neighborhood of Chicago when he rear-ended the plaintiff’s car, which was stopped. Economos’s car was traveling at 30-35 mph.
One of the plaintiffs, 23-year-old Ana Aguilar, sustained soft tissue neck and back strains with no lost time from her job. Her mother was also in the car. She was 40-year-old Herculana Nieto, who claimed that she suffered a herniated cervical disk in the neck and soft tissue injuries to her back. She claimed $28,202 in medical bills, but only $18,621 of those bills was allowed into evidence. Nieto claimed no lost time from work. Both of the women are factory workers.
The defense admitted that Economos was negligent when he rear-ended the Aguila car. However, Economos denied that the proximate cause of the plaintiffs’ injuries were related to the rear-end crash. In fact, Economos pointed out the fact that Aguilar waited 16 days before she sought medical care and that Nieto waited 25 days before she received any medical attention.
The jury’s total verdict of $21,807 was made up of the following damages to each of the plaintiffs:
$10,012 to Ana Aguilar:
- $10,012 for medical expenses;
- $0 pain and suffering;
- $0 for loss of normal life.
$11,795 to Herculana Nieto:
- $11,795 for medical expenses;
- $0 pain and suffering;
- $0 for loss of normal life.
The plaintiffs Aguilar and Nieto were represented by attorney Barry Levin. The demand to settle the case before trial was $55,000. The offer to the plaintiffs was $4,290 to each. At the close of the evidence, the plaintiffs’ counsel asked the jury to return a total verdict of $46,621.
Ana Aguilar and Herculana Nieto v. Economos, No. 11 L 13984 (Cook County, Illinois).
Kreisman Law Offices has been handling car accident cases, bicycle accidents cases, pedestrian accident cases and motorcycle accident 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 Palatine, Hoffman Estates, Buffalo Grove, Elmhurst, Carol Stream, Berwyn, Northbrook, Buffalo Grove, Libertyville, Lindenhurst, Round Lake Beach, Arlington Heights, Schaumburg, Oak Park, Evergreen Park, Crestwood, Dolton, Palos Hills, Palos Heights, Wheaton and Naperville, Ill.
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