Articles Posted in Neck Injury Cases

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During a jury trial in LaSalle County, Ill., the jury found in favor of Ty Benckendorf, who was a backseat passenger in a car traveling southbound in Marseilles, Ill., on Oct. 20, 2010. The defendant, 75-year-old Juliann Huber, was driving a car that was heading southwest. It pulled into the path of the Benckendorf car, causing the crash. Benckendorf, 18, sustained a herniated cervical disc and soft tissue injuries. The jury learned that Benckendorf had $12,000 in past medical expenses.

The defendant admitted negligence but disputed the extent of Benckendorf’s claimed injuries and damages.

The attorney for Benckendorf, Jennifer L. Kiesewetter, made a demand to settle the case before the start of the trial for the policy limits of $100,000. The jury was asked to return a verdict of $250,000. The only offer made by the defendant’s counsel before trial was $23,000.

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On Sept. 8, 2011, the defendant 31-year-old Anna Tudzich, was driving a car that rear-ended John Dodaro’s car on southbound Harlem Avenue near 47th Street in Lyons Township, Ill. The 30 mph impact caused Dodaro to experience immediate neck and back pain and significant damage to his pickup truck and the defendant’s vehicle as well.

Dodaro was a 40-year-old carpenter who was transported from the scene by an ambulance. He alleged that the collision aggravated his pre-existing degenerative lumbar disc and caused a new onset of cervical pain. Dodaro had longstanding prior lumbar complaints and had undergone physical therapy one day before this crash. However, the plaintiff had no previous history of cervical complaints.

An MRI that was done in October 2011 showed herniated discs at C5-6 and C6-7 with a small herniation at C4-5. Dodaro underwent a cervical epidural injection in February 2012 and bilateral cervical facet joint injections in April 2012. Dodaro’s treating orthopedic surgeon said he would require future cervical spine surgery although future medical expenses that were originally claimed were withdrawn at trial.

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On May 9, 2009, Christopher Billmann, 27, was stopped on Route 176 in Island Lake, Ill., when his car was rear-ended by the defendant Brian Freeman in what was described as a violent impact. Billmann sustained a lumbosacral sprain, soft tissue injuries and a bulging disc. Billmann claimed to have received $16,181 in medical bills, which were unpaid.

The defendant Freeman admitted negligence but disputed the nature and extent of Billmann’s alleged injuries. Billmann’s treating physicians opined that Billmann suffered a lumbosacral sprain that turned chronic. Another doctor, an orthopedic surgeon, testified that Billmann’s bulging disc was due to the trauma, since Billmann had no prior symptoms. He required an MRI and an injection for the pain derived from the bulging disc.

The defendant Freeman brought his own expert orthopedic surgeon to the jury trial who offered the opinion that Billmann suffered a self-limiting lumbosacral sprain, which required only six to eight visits to a chiropractor or physical therapist and that all other treatment was unnecessary and unreasonable.

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On Sept. 10, 2007, Paul Ermel was driving a semi-tractor northbound on Route 47 in Sugar Grove, Ill., when the defendant, Zachary McVeigh, who was approaching in his car from the southbound, attempted a left turn. He was trying to turn on at Waubansee Drive, which is the entry for the Waubonsee Community College. McVeigh misjudged Ermel’s truck, thinking it was stuck and stopped as part of the construction work that was going on at the area. McVeigh turned his vehicle into the front driver’s side of Ermel’s semi-truck.

Ermel, 38, alleged that the impact of the crash caused him to sustain bulging discs or aggravation of pre-existing degenerative conditions in his cervical and thoracic spine, damage to neck ligaments, cervical instability and a cervical fistula. He required two cervical fusion surgeries. The first was at the level C6-7, and the second was at the level C4-6. His alleged medical expenses were $326,136. He also lost 10 weeks of work as a Teamsters union truck driver.

The defendant McVeigh admitted negligence but contested the nature and extent of Ermel’s injuries. The defendant contended that Ermel suffered only soft tissue strains, which resolved within 4 months. It was also argued that there was a 9-month treatment gap before Ermel sought further medical care, that he continued working full time and raced a stock car during this 9-month period and that there were no recorded complaints of neurological symptoms in his medical records until 1½ years after the accident.

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On Nov. 25, 2008, Thomas J. Hagerman was driving westbound on Route 6 in Morris, Ill., when the defendant, Betty Leake, who was attempting to make a left turn onto Lisbon Street, chose not to yield the right-of-way. Instead, Leake turned directly in front of Hagerman’s truck, causing Hagerman to T-bone her vehicle.

Hagerman was 43 years old at the time and suffered injuries to his cervical and thoracic spine, which resulted in a three-level cervical discectomy and fusion surgeries. He lost one year of work as a security guard and warehouse worker.

Hagerman was able to return to his job, but later underwent two bilateral knee replacements unrelated to the crash. He has not been able to work since the knee replacement surgeries.

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Allen Ginn, the owner of a trucking company, drove his truck to a sawmill to unload the logs he was hauling. When he reached his designated unloading area, the mill employees instructed him to release the tie-down straps on his load. As he did that, a log fell onto him striking him directly on the head and back.

Ginn was 49 years old at the time and suffered a subdural hematoma, a subarachnoid hemorrhage and skull fractures. He also had spinal fractures at L1-3 and fractures to his right hip and the right side of his pelvis. He was in a coma for several days. He later went through a regimen of physical therapy and rehabilitation.

As a result of this incident, Ginn has suffered a brain injury, occasional seizures, memory loss and chronic fatigue. He will likely require supervision and assistance with daily living activities well into the future.

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On June 23, 2009, Ramon Ortiz was driving northbound on Sacramento Boulevard and stopped at a red light at the intersection of Chicago Avenue in Chicago, Ill. When the light turned green, he started into the intersection and his car was hit by the defendant’s car. Richard Sakre was driving his car westbound. Ortiz alleged in his lawsuit that Sakre ran the red light, which caused the collision.

Ortiz was 44 and suffered three cervical disc herniation/protrusions at C4-5, C5-6 and C6-7. He also sustained a torn left rotator cuff, which was caused or aggravated by this crash. He was treated with steroid injections and physical therapy and then became symptom-free six months after the accident.

Ortiz’s medical bills totaled $55,348. He missed a week of work as a commercial roofing driver.

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Stephen Wolkoff, 65, rented a self-storage unit from Sunshine Storage Inc. There was a loft storage unit above Wolkoff’s storage unit. The floor of the loft comprised the ceiling of Wolkoff’s storage unit. When Wolkoff was inside his unit, the ceiling above him collapsed crushing him beneath 3,000 pounds of material.

Wolkoff suffered a fractured pelvis, ruptured urethra and nerve damage to both of his legs. Wolkoff underwent open reduction surgery and reconstruction of his entire pelvis, procedures to reconnect his urethra and implant an artificial sphincter to drain his bladder and surgery to repair nerve damage in his legs.

Wolkoff also required a colostomy and wore the bag for three years. In addition, Wolkoff suffered complications, including infections to both ankles. Blood loss from the injuries caused permanent vision loss in his left eye and partial loss in his right eye. Wolkoff’s medical expenses totaled $3.2 million.

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Theodus Williams was driving a fully loaded dump truck owned by Valvano Construction when he lost control of the vehicle on a two-lane highway. This caused a crash with another car, which in turn rear-ended an SUV in which Holly Ann Cuchwara was riding. After being rear-ended, the SUV hit a utility pole before it came to a stop. Cuchwara, 38, suffered multiple injuries, including a fractured spine, closed-head injury, a broken ankle and a corneal abrasion. Cuchwara now suffers from headaches, chronic pain and fatigue.

Cuchwara and her husband sued Williams, claiming that he was negligent in his driving. The lawsuit also claimed that Valvano Construction and its corporate management had chosen not to maintain and inspect the dump truck that Williams was driving. The Cuchwaras claimed that the dump truck was not roadworthy due to the defective steering system and faulty brakes. Cuchwara did not claim lost income or past medical expenses.

After a jury trial, the jurors entered a verdict of $10.1 million and a finding that Williams was 30% responsible for Cuchwara’s injuries. The verdict would be paid by those defendants according to the jury’s percentage splits. The Cuchwara family was represented by attorneys Joseph A. Quinn, Jr. and Michael A. Lombardo III.

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Robert Barnett, a homeowner, hired Dawson Construction LLC to do some home repair work. The work included climbing a ladder to get on the roof to make some repairs to it. Juan Garcia , a 43-year-old day laborer, was working for Dawson Construction at the time. Garcia was asked to work on the roof, which was wet.

Garcia climbed the ladder to the roof and then fell. He sustained multiple injuries, including cervical injuries at C3-4, a left elbow fracture and a fractured right knee cap (patella). Garcia underwent a number of surgeries related to his injuries and incurred approximately $118,300 in medical expenses.

He filed a lawsuit against the homeowner, Robert Barnett, claiming that he chose not to comply with state law by correctly evaluating Dawson Construction, which was not licensed or bonded, before hiring the contractor and insuring that the work at his home would be performed safely.

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