Articles Posted in Personal Injury

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Hall of Fame third baseman Brooks Robinson was injured in 2012 at the Seminole Indian Tribe Casino when he fell from the back of its stage at the Tribe’s South Florida casino. 

Robinson was appearing at a fundraiser for the Joe DiMaggio Children’s Hospital.  When Robinson, 76, was on the stage, he fell 12 feet at the back of the stage where it had no back railing. 

The attorney representing Robinson, Jack Hickey, indicated that a settlement demand of $9.9 million would end the threatened lawsuit.  The Seminole Indian Tribe Casino has immunity protection, which generally limits damages to no more than $200,000 for an individual who is injured at its facility. 

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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 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 $41,418 jury verdict was entered by a DeKalb County, Ill., jury for Victoria Polastrini, who on Jan. 10, 2008 was stopped in a line of cars at a red light on southbound Sycamore Road (Route 23) at Dresser Road in DeKalb, Ill.  When she was stopped, her car was rear-ended by the defendant, Anthony Edds, who was using his cell phone at the time. 

Ms. Polastrini, 47 and a homemaker, suffered a neck strain, whiplash, left ulnar nerve injury that required nerve transposition surgery, cervical disc herniation with radiculopathy, and a left shoulder strain. She accumulated $44,461 in medical bills she claimed were related to her injuries.  The defendant, Edds, 23, admitted negligence.

Before trial, the demand to settle the case was $100,000.  The defendant offered $35,000 to settle. 

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The plaintiff, Mark Zimmerman, 44, lived in a three-story building. The building came with a deck attached to an exterior stairwell. As Zimmerman was leaving for work, he bent over to pick something up while holding on to the deck railing. The railing collapsed.  Zimmerman fell three stories to the ground, fracturing his right ankle. He also suffered lumbar fractures at L2 and L4. 

Zimmerman underwent two ankle surgeries and a spinal fusion surgery. His medical bills totaled more than $400,000. Before the date of this incident, Zimmerman worked as a school janitor. He has not returned to work since.

In a lawsuit filed in the Circuit Court of Cook County, Ill., Zimmerman sued the owner of the building and its management company. He alleged premises liability because of the defective railing, saying it was unsafe and caused his injuries. 

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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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The Missouri Supreme Court is considering whether the “baseball rule” applies to an eye injury caused accidentally by the Kansas City Royals’ mascot Sluggerrr, who flung a foil-wrapped hot dog that struck the left eye of John Coomer. Although this seemingly harmless act would ordinarily be of no consequence, the foiled hot dog hit the left eye of Mr. Coomer, requiring two eye surgeries.  He has a serious eye injury today with vision deficit. 

The “baseball rule” is a legal standard that protects sports teams from being sued over fan injuries caused by events on the field.  The issue in this case, now pending a decision before the Missouri Supreme Court, is whether the rule would apply to injuries caused by a mascot or other personnel the teams employ to entertain sports fans.

The case was first before a Jackson County, Mo., jury two years ago. The jury sided with the Royals, stating that Coomer was completely at fault for his injury because he wasn’t aware of what was going on around him. However, on appeal, the jury’s verdict was overturned; the ruling stated that although being struck by a baseball is an inherent risk fans assume at games, being hit in the face and eye by a hot dog is not one of those.

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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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