Articles Posted in Auto Accidents

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James Fregeau was involved in two different and separate motor vehicle crashes.  Both cases were consolidated for discovery and trial.  The first crash took place on April 22, 2009 when a car driven by the defendant, Anthony Foster, rear-ended a vehicle, which then pushed into Fregeau’s car, injuring him.

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, both cars spun out and a second impact with each other occurred.

Fregeau, 27, claimed that he suffered spinal sprains and an aggravation of facet joint arthropathy,  which required emergency room visits, doctor visits, CT scans, MRIs, bone scans, physical therapy, chiropractic treatment, facet blocks and future facet ablations.

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On Oct. 10, 2008, Joy Wyler, 51, was riding her motorcycle on Vollmer Road in Matteson, Ill.  Wyler was about to cross through the intersection at Central Avenue on a green light when the defendant, Ira Batt, made a right turn on a red light from Central. His car collided with her motorcycle, causing her injuries.  Wyler, who was an intensive care nurse at the University of Chicago Hospital, suffered a fractured right ankle and multiple fractures in her right foot, which required open reduction internal fixation surgery.

Wyler also developed post-traumatic arthritis and will require a future triple fusion procedure. She missed 13 months of work and will in the future miss an additional 6 months of work because of her surgeries and recovery.

Wyler argued that Batt did not yield the right-of-way at the intersection.  The defendant maintained that Wyler improperly changed lanes and chose not to keep a proper lookout.

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In a case that involved a “duty to settle” claim, the Illinois Appellate Court affirmed a decision dismissing a claim made by the insured, Randy Powell against his auto insurance company, American Service Insurance Co. (ASI).  It was alleged in the lawsuit by Randy Powell that Katie Linares broadsided his van when he stopped in front of her vehicle and started turning left to make a U-turn.  Powell demanded the $20,000 limit of the auto policy that Linares had purchased from ASI.

ASI rejected the demand and Powell continued on to a jury trial, which returned a verdict of $47,951.  Linares assigned her rights against the insurer to Powell who then sued for breach of duty to settle against ASI.

According to paragraph 6 of the complaint, “Linares was operating her vehicle on northbound Medline Drive, a private street or corporate driveway, in Mundelein, Illinois, behind the van being operated by Powell, saw him make a left turn attempting to make a U-turn and stopping in front of the Linares vehicle either perpendicular or at a northwest angle to the northbound roadway, and, rather than apply her brakes or attempt to veer behind the van driven by Powell, veered directly into the van striking it broadside with a strong impact.”

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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. 

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A speeding truck leaving the Newhall Tunnel in Southern California apparently lost control, crashed into the center divider and came to a stop some 1,700 feet outside of the tunnel exit.  As other motor vehicles were leaving the tunnel, they braked and slowed down to avoid the crashed truck.  A series of chain-reaction collisions followed.  A fire broke out from one of the crashes and spread through the tunnel and to other stalled vehicles.

One of the individuals involved in this tragic crash was Ricardo Cibrian, a trucker who was trapped inside his truck in the tunnel and unfortunately died in the fire that reached his tractor. He was survived by his wife and two children.

This crash and fire resulted in more than 50 claims, including 3 death cases.  There were five personal injury actions and dozens of property damage claims.  All of the cases were consolidated into one.  Cibrian’s family claimed $1.2 million in economic damages, including past and future lost earnings.

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On May 20, 2008, Timothy Balota, 31, was driving southbound on Interstate 55 in Collinsville, Ill., when traffic came to a stop approaching a construction zone near Route 157.  Collinsville is a near east side suburb of St. Louis.  A truck was stopped behind the plaintiff’s car when the semi-tractor-trailer driven by defendant Lewis Casey rear-ended the truck at 20-30 mph.  That crash triggered a chain reaction collision, which included five vehicles. 

At the time of the crash, Balota was on his way to have staples removed from a surgery necessitated by a life-threatening accident just 13 months earlier. 

As a result of the impact of this crash, Balota sustained cervical disc injuries at C5-6, C3-4 and C6-7 with future surgery recommended by his treating physician.  Balota also suffered aggravation of pre-existing conditions in his lumbar and thoracic spine. He claimed past and future lost time as a carpenter of $485,299. 

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On June 10, 2010, Jeffrey Glazer was driving southbound on Route 59 in Barrington Hills, Ill., when he was rear-ended by a car driven by the defendant Richard Cabrera near Bartlett Road.  Glazer said he had slowed to check traffic signs to determine the name of the intersecting street.  The force of the crash was heavy enough to knock both rear wheels off of Glazer’s car and break the rear axle, totaling his car.

Cabrera’s vehicle sustained $4,958 in property damage.  Glazer, 61 and an accountant, contended that the collision caused central disc herniations at L1-2, L4-5 and L5-S1.  He also claimed that he had bilateral lumbar radiculopathy and a cervical strain.  Glazer underwent numerous physical therapy procedures and chiropractic treatments, and his medical bills totaled $34,417.

The police report showed that the defendant Cabrera, 57 and a mechanic, told the investigating officer that he was distracted when his cell phone rang and when he looked up he didn’t have time to stop before he crashed his vehicle into the rear end of the Glazer car.

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On July 17, 2009, Kristen Henson was driving in the left lane of northbound Illinois Interstate 94 in West Deerfield Township when a car driven by the defendant, Steven Teeters, rear-ended her car.  Henson, 35, was a retail purchaser. She alleged in her lawsuit that the crash caused headaches and soft tissue injuries to her neck, lower back, tailbone and pelvic area injuries. 

The headaches and neck injury healed shortly after the crash, but Henson claimed that the low back, tailbone and pelvic injuries were permanent and continued to cause pain and limitations in her daily activities.

The defendant, Steven Teeters, admitted that before the collision his eyes were closed briefly and therefore he did not notice that Henson’s car was moving slowly or slowing down.  Teeters said that because he had his eyes closed he didn’t react fast enough to avoid the impact. Teeters admitted fault, but contested the nature, extent, duration and causation of Henson’s injuries.

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A Cook County jury signed a verdict of $38,681 related to an Aug. 13, 2010 rear-end car crash.  The plaintiff, Christina Pervomskaya, was stopped in a line of traffic on Waukegan Road in Glenview, Ill., when she was rear-ended by Sally Langan’s motor vehicle. 

Pervomskaya, 28, suffered a concussion, post-concussion syndrome, headaches and neck, back and shoulder strains. She worked as a dental hygienist and missed 4 days of work because of this incident.  The defendant, Langan, denied that Pervomskaya was injured to the extent that she claimed and that some of her medical care was not necessary.

Before trial, the demand to settle the case made by Pervomskaya’s counsel was $40,000.  The attorney asked the jury to return a verdict of $80,000.  The offer made by the defendant before trial was $45,000.

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On April 26, 2009, Julie Paterson was driving westbound at Route 116 in Fauber Road in Germantown Hills, Ill.  The defendant, Corey Funk, was driving northbound, did not yield the right-of-way and struck Paterson’s car in the intersection.  Paterson was going about 55 mph. The impact caused Paterson’s car to roll over.

Paterson suffered a laceration above the elbow with a possible tear of the common extensor tendon, scarring and residual pain treated with physical therapy and massage therapy.  It was determined that plastic surgery would not resolve Paterson’s scar.  Paterson had $4,200 in medical bills and four days lost from her job as an office manager.

The defendant admitted negligence.  After the verdict, the parties agreed to a judgment of $54,300 to conform to the evidence presented in the case.

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