Articles Posted in Car Accidents

A 56-year-old woman, Shirley Walker, who was wheelchair-bound, was receiving transportation services from a company known as LocoMotion. LocoMotion was a county-subsidized bus service. While the wheelchair was being loaded onto the transportation van by a mechanical lift, she found that she had been left alone and unattended. Walker released the chair’s brakes believing that she would roll onto the van. But the wheelchair rolled backward and it fell off the lift. She fell with the wheelchair, which resulted in her suffering a fractured neck.

After the incident, Walker was paralyzed from the neck down until her unfortunate death. She was just 56 years old.

The Walker family brought a wrongful death lawsuit that claimed that LocoMotion’s owner was responsible for choosing not to strap Walker’s wheelchair onto the lift or stand behind her as she rolled onto the van. Before the case went to trial, the matter was settled for $500,000.

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On Oct. 2, 2009, the car driven by defendant Monica Carroll, a 57-year-old attorney, rear-ended James Anderson’s car on northbound Illinois Interstate 94 between Lake Cook Road and Route 22.  Anderson was a 66-year-old retiree who alleged that the impact caused neck pain or accelerated a degenerative condition in his cervical spine, which required physical therapy, steroid injections and radiofrequency ablations to alleviate his pain.

Radiofrequency ablation is utilized to reduce pain. An electrical current produced by a radio wave is used to warm up the area of pain usually a nerve tissue, which in many cases leads to decreasing the pain signals from that specific area.

Anderson was told by his treating physician that he would require fusion surgery for a C4-5 disc herniation and degenerative cervical spine with the possibility of a 3-level fusion procedure needed at C4-7. However, Anderson has not undergone the surgery. At trial, Anderson produced past medical expenses of $55,000 although $125,000 for future surgery costs was barred by the court.

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On June 4, 2008, 70-year-old Edward Wasik, a retired school teacher, was a customer at Ridgeway Chevrolet, an automobile dealer located in Lansing, Ill. Wasik was walking behind the service bays in the service department when he was struck by a car backing out of the service bay.

The car that hit Wasik was driven by the defendant, Barry Boer, a mechanic at the dealership. Boer was operating another customer’s car, but apparently was looking forward while moving in reverse. Boer struck Wasik with that customer’s car, injuring him.

Wasik sustained injuries to his lower back, ribs and left knee, which resulted in arthroscopic surgery, physical therapy and continuing injections to the left knee as well as physical therapy to his back.

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On Feb. 27, 2008, Michelle Eells, 39, was driving eastbound on Route 38 toward DeKalb, Ill., when an oncoming westbound pickup truck driven by the defendant, Dustin Grinstead, crossed the centerline near Kishwaukee Community College and crashed into her vehicle. The eastbound vehicle driven by Wayne Domin, who was working for Sysco, was driving behind Eells and subsequently rear-ended Eells’s car following the first impact between Eells and Grinstead.

Eells claimed that she injured her neck, back and right arm and hand, which resulted in three surgeries. She had an excision of ganglion cyst on the right hand/wrist and injection for DeQuervain’s tenosynovitis, right elbow surgical release of radial nerve entrapment and radial tunnel syndrome and cervical fusion, which occurred in September 2010. Eells also claimed that she can no longer work as a dental hygienist and is currently unemployed. She had claimed medical bills amounting to $167,582. She also claimed lost time from work at $111,691 and future lost time.

Eells sought to hold the defendants Grinstead and Domin/Sysco 50% each at fault. Grinstead had an automobile insurance policy limit of $100,000. According to the law, if Domin/Sysco was found at least 25% at fault they would be jointly liable for all of the damages.

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General Motors has been accused in the deaths of at least 13 individuals because of its deliberate concealment of a defect linked to the faulty ignition switch in more than 2.59 million vehicles. Some lawyers have revived lawsuits because of injuries or deaths as a result of the recalled GM vehicles. It has been reported that GM is concerned about punitive damages. In one case that was settled in September for $5 million, an adviser warned GM of a “substantial adverse verdict” if a jury learned about the fact that GM knew about the defect for almost a decade before it acknowledged the problem.

In addition, GM should be concerned about the cost-cutting features related to the ignition switch. If these cases were to go to a jury, the jurors would learn that the ignition switch problems that have been highlighted by some reports, articles and now lawsuits could have been avoided by a repair that would have cost the company an incredibly small amount, perhaps less than $1 per vehicle. The repair work would have avoided all of these accidents, injuries and deaths.

The delay in acknowledging the deadly ignition switch defect would show a jury how indifferent the company was to the safety of vehicle owners and their passengers. In fact, GM may have been able to fix the ignition switch defect for as little as 57 cents per vehicle. Because of that fact, it goes without saying that lawyers will highlight the fact that such a little bit of money to repair the ignition switch would have avoided the many traumatic deaths and injuries suffered by vehicle owners and occupants, if not for GM’s focus on profits over people.

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On May 20, 2010, the plaintiff, Bernard Fay, 47, was stopped at a red light at an intersection in Skokie, Ill. Fay was waiting to make a right turn on red and pulled forward to see if traffic was clear before proceeding. However, the defendant, Elisa All, thought that Fay had turned and her car rear-ended his car.

Fay sustained a nondisplaced fracture of the coronoid process in his left jaw, which was not operated on, two fractured molars requiring a crown on one and a filling for the other, neck pain that required chiropractic care for one year and bulging discs at C5-C6 and C6-C7 with internal disc disruption requiring a future 2-level fusion. Fay lost time from his job as a stationary engineer.

The defendant, All, admitted liability but argued that Fay did not need the future neck surgery and that his disc pain was a diagnosis by exclusion based solely on subjective complaints. She also maintained that Fay told his chiropractor in June 2011 that he was 100% improved.

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On June 28, 2010, Dariusz Bosek was stopped at a red light in the northbound lane of Randall Road at Mill Street in Batavia, Ill. His vehicle was then rear-ended by a car driven by the defendant, Hildegard Maas. Bosek, 44, was injured in the crash; he sustained a left elbow injury, a painful tendon injury that required physical therapy, injections and eventually surgery in November 2011. Bosek made a full recovery after the surgery and has no permanent problems now. His medical bills totaled $38,620. He did not have any lost time from work as a delivery driver.

The 89-year-old defendant, Hildegard Maas, had been stopped behind Bosek but reported that she sneezed, which caused her foot to slip off the brake pedal. Maas was not present for the jury trial because she was in poor health and residing in a Colorado nursing home.

The defense admitted negligence at trial, but contested the extent of the plaintiff’s injury pointing to the minimal damage to the vehicles and a 7-month treatment gap from November 2010 to June 2011 in which Bosek was treated.

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The ruling by a Cook County trial judge mistakenly applying the collateral source rule against a jury verdict has been reversed. Hector Romero was alleged to have caused an automobile accident with the plaintiff, Sylvia Segovia. In that lawsuit, it was claimed that Segovia was injured while a passenger in her husband’s car caused by the negligence of the defendant Romero. Segovia’s husband, Rodolfo, was insured by State Farm, which paid for his vehicle repairs and reimbursed Sylvia $5,000 in medical bills under the “medpay” provision of the State Farm Insurance policy.

The medpay included $3,711 for treatment at Advocate Lutheran General Hospital in Park Ridge, Ill.  State Farm filed a subrogation lawsuit against Romero seeking $10,766 for the medical care for Sylvia. Romero’s insurance carrier, American Heartland Insurance Co., settled with State Farm for a total of $5,383.

Later, when Sylvia brought a lawsuit against Romero, she listed her damages as including $4,560 as a hospital bill from Lutheran General Hospital. The jury returned a verdict in her favor for $5,395, which was the medical expenses, but offered nothing for her loss of normal life or her pain and suffering.

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On Jan. 26, 2011, 23-year-old Jerry Oswalt was riding his bike from one dog walking customer’s home to another, riding southbound on Sacramento Avenue near its intersection with Logan Boulevard. Oswalt claimed that he entered the intersection on a green light but was hit at the bike’s rear tire by the defendant’s eastbound car, which ran a red light. The defendant, Esther Fragoso, was claimed to have caused Oswalt to fall and strike his head on the road knocking him unconscious. When he regained consciousness, his head was bleeding and he staggered out of the intersection to a nearby grass median with his bike and laid down.

Oswalt, in addition to the concussion he suffered, sustained a six-inch cut to the right temple area above his eye, facial scarring, a tiny cortical fracture, right orbital hematoma, right knee pain and contusions.

Fragoso, 77 and retired, argued that she had a green light and that Oswalt went through a red light. She also said that her vehicle never made contact with Oswalt’s bicycle and that she saw him lose control of his bike on the wet, snowy pavement and fall to the ground.

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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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