Articles Posted in Auto Accidents

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Mario Olguin, 51, bought a used set of mismatched tires, including a 13-year-old Michelin tire from A-Car Wrecking Salvage Lot.  Olguin took the tires to Twin’s Tires and Wheels, where the tires were installed on his vehicle. Eleven days later and while Olguin was a passenger in the vehicle, a tread on a Michelin tire separated. The Olguin party was traveling on a highway in Mexico. The driver lost control of the vehicle, which caused it to roll over.

Olguin suffered a spinal fracture at C2, a mild traumatic brain injury and significant wounds to his head and both arms. He was taken to a hospital in Mexico where he was placed in a halo brace and underwent skin grafting for his wounds. He also underwent an epidural and nerve-block injections for pain. Olguin still suffers pain in his neck and back. He also suffers from depression, mood disorder and cognitive problems that affect his decision-making and thought-processing skills. 

Once spontaneous and independent, Olguin now relies on his family for everything. His past medical expenses totaled nearly $307,000. His future medical expenses and life-care costs are estimated to be $1.5 million. At the time of this incident, Olguin owned and operated a landscape company. He has returned to work in a different job. There were no claims for lost earnings.  Olguin sued A-Car and Twin’s Tires and Wheels claiming that the companies were negligent in selling and installing a tire that was 13 years old and showed signs of weather cracking.

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On Jan. 21, 2009, Jasmine Crawford was driving northbound on Bruce Avenue in Flossmoor, Ill.  Her vehicle was hit on the driver’s side door by the defendant, Christine Rothchild, who was traveling eastbound on Wallace Drive. 

Crawford, a 32-year-old homemaker, suffered neck/back soft tissue injuries and a dislocated right shoulder, which required two surgeries. Ms. Crawford also underwent a Bristow Procedure (open surgery) in November 2009 to stabilize the shoulder and to prevent further recurrent dislocations. The Bristow Procedure is an operation in which the biceps muscle at the top of the shoulder joint is moved down slightly to repair the injured area. Because she continued to have shoulder pain, she later had arthroscopic surgery in October 2012 to remove scar tissue that developed following the first surgery. 

Ms. Crawford argued that Rothchild chose not to yield the right of way at the uncontrolled intersection. Crawford’s car was to the right of Rothschild’s car at the time of the collision. 

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Motorcyclists have a higher fatality rate than drivers of cars. This is due to many factors, but one is the fact that motorists frequently fail to notice motorcycles. In many accidents, the motorcyclist is not wearing a helmet. In some instances, motorcyclists are traveling at high rates of speed, and they collide with a car or truck. Such was the case in the death of D.S.

D.S. was operating a motorcycle eastbound on Aug. 31, 2008 on Higgins Road in Schaumburg when he entered the intersection at Mall Drive with a green light. He was cut off by a car operated by the defendant, T.W. She was making a U-turn from westbound Higgins to head eastbound.

D.S. was killed in the crash. He was survived by his wife and three minor children. D.S. was a firefighter and paramedic with the Deerfield-Bannockburn Fire Department. At the time of the accident, he was driving a high-performance motorcycle on his way to a charity run.The defendant was visiting from out of state. Several witnesses testified at trial that the defendant suddenly and unexpectedly made a wide and slow U-turn without activating her turn signal, and she cut D.S. off as he entered the intersection.

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Illinois has adopted House Bill 1247, which puts an end to the uncertainty as to whether drivers around the state can use hand-held wireless telephones while driving. Under the bill, which was signed into law by Gov. Pat Quinn, a person may not operate a vehicle on a roadway while using an electronic communication device. The law was passed to put to an end to the confusion from town, municipality to city as to what the law is relating to hand-held devices throughout Illinois.

Violation of this section is an offense against traffic regulations, which would result in a maximum fine of $75 for the first offense, $100 for the second offense, $125 for the third offense and $150 for the fourth offense.

The law does spell out some exceptions for law enforcement officers or persons operating emergency vehicles. The new law applies directly to those using wireless telephones. The act does cover portable or mobile computers and hand-held personal digital assistant devices.

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The Illinois Appellate Court has affirmed a partial summary judgment order for a defendant in a head-on crash and death case.  This case arose out of a collision in which the car driven by Jeffrey Pister was struck head-on by an employee of the defendant, Matrix Service Industrial Contractors.  At the time of the crash in April 2009, the Matrix driver, Brian Stultz, was nearing his destination in Champaign, Ill.  Stultz was scheduled to work there later that morning for Matrix. Stultz and Jeffrey Pister were killed in the collision.

Jeffrey’s widow, Tisha Pister, filed a third-amended complaint against Matrix and the Estate of Brian Stultz.  The Estate of Stultz was not part of the appeal.

In the lawsuit, the Pister family claimed that Matrix was liable for Jeffrey’s death under the doctrine of respondeat superior.  Pister asserted two theories:  (1) Brian was a “traveling employee” of Matrix, on which the court, before the trial granted summary judgment for Matrix, and (2) Brian was on a “special errand” for Matrix at the time of the crash. The jury returned a verdict in favor of Matrix on Pister’s “special errand” theory.

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On Sept. 24, 2006, the car being driven by Keisha Geans, who was driving while under the influence of alcohol, crashed into a concrete barrier, overturned and collided with the Miranda family car. Marco Miranda, who was 12, was left permanently disabled after suffering a serious brain injury. Geans’ blood alcohol level was .229, which is almost three times the legal limit.  Geans pleaded guilty to fourth-degree aggravated driving under the influence. The Miranda family sued for their injuries.

On Dec. 12, 2008, Universal Insurance Co., Geans’ insurer, paid the Miranda family the policy limits of $20,000. In return, the Miranda family released all claims against Geans and Universal. After the settlement was finalized, the Miranda family then filed an amended complaint adding the Walsh Group, a construction company. That was filed on Nov. 29, 2010. The Miranda family sued Walsh for negligence, alleging that the concrete barrier it placed on the side of the road was done negligently and was a contributing cause of the crash.

The Miranda family also then sued for contribution  against Geans, alleging that Geans’ driving was a proximate cause of Marco Miranda’s injuries. Geans moved to dismiss claiming that the settlement had ended any liability as to her.

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On Aug. 29, 2010, Rachel Deglman was driving eastbound on Wellington Avenue when southbound defendant Brittney Gurrola, 18, did not stop at the stop sign at Natchez Avenue in Chicago. Gurrola’s car entered the intersection and crashed into Deglman’s vehicle.

There was no stop sign for oncoming traffic on Wellington Avenue. Deglman, 23, who was a student, maintained that the impact caused her to suffer herniated discs at C5-6 and C6-7 with associated cervical radiculopathy. 

Gurrola claimed that Deglman was speeding and was contributory negligent for her own injuries. Gurrola also argued at the trial that Deglman was not injured to the extent that she claimed, and some of her medical treatment was not necessary. The jury’s verdict of $34,752 was reduced by 5 percent for the contributory negligence that it found to be attributable to Deglman. The verdict of $33,014 was made up of the following damage

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On Aug. 12, 2009, Jaime Lindsey’s vehicle was stopped on northbound Hawthorne Road (Route 59) awaiting a red light at Dundee Road in Barrington Hills, Ill.  At that point, the defendant Stephen Pernal lost control of his car while turning from Dundee Road (Route 68) onto southbound Hawthorne;  his car collided with Lindsey’s vehicle in a head-on impact. Lindsey is a 17-year-old student.  She sustained a medial meniscus tear in her right knee, which required surgery. 

The defendant argued at the trial that the torn meniscus came from  Lindsey’s long dancing career and was not related to the collision because it was not diagnosed until March 2011, almost two years after the crash.

The jury, however, had a different opinion.  The jury’s verdict of $51,361 was made up of the following damages:

  • $27,361 for medical expenses; and 
  • $24,000 for pain and suffering.

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On Sept. 24, 2010, Thomas DeSonia was driving his motorcycle with his girlfriend as his passenger. DeSonia was traveling about 40 mph northbound on Route 53 in Wilmington, Ill., when the southbound car driven by defendant Bernard Wall attempted a left turn in front of DeSonia. The motorcycle and the car collided. Wall was turning into a driveway so he could turn around and head back north. Because he had forgotten to purchase something while shopping at the store, he wanted to return there and thus the reason for the left turn.

Wall reportedly apologized to DeSonia at the scene.DeSonia alleged that the impact caused him to fall onto his back and slide about 35 feet on the pavement causing road rash, a laceration to his right hand that required 4 stitches to close and chronic back pain from his sacroiliac joint and L5-S1 nerves. DeSonia was treated with 3 epidural steroid injections, physical therapy, medicine and ongoing treatment. The issue of DeSonia’s permanent medical condition was barred due to the non-disclosure of his medical bills. Only a portion of his total medical bills were admitted and considered by the jury. DeSonia lost six months of work as a truck driver.

Wall said he did not see the motorcycle until the last moment because it was following too closely behind another car. 

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On June 27, 2009, Michael Gibson was a back-seat passenger in a car that was rear-ended by defendant Louise Damen at LaGrange Road (Route 45) and Interstate 80 in Will County, Ill.  Gibson, 18, maintained that the impact caused his left knee to hit the console inside the car, tearing his left anterior cruciate ligament. Gibson also claimed a torn right rotator cuff in his right shoulder and neck injuries.  He underwent arthroscopic knee surgery and later an interior cruciate ligament graft reconstruction/repair surgery, and is at increased risk of future injury to the knee.

Two other persons in the Gibson vehicle were injured and also sued but took a non-suit on the day of trial.

The defendant Damen,  64, argued that Gibson did not seek treatment until two days after the crash. She also said doctors who examined his knee within days of the accident found it to be stable without swelling or any signs of ACL tear. Damen said an MRI taken less than one month post-accident showed an intact ACL, but only a possible meniscus tear.

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