Chicago Personal Injury Lawyer Blog

David Solis, 19, was sitting on the hood of his car, which was stopped on the shoulder of eastbound Peterson Avenue at the off ramp of Interstate 94 (Eden's Expressway) when the defendant, a 66-year-old doctor, rear-ended his car. Solis suffered multiple injuries to his back that were all treated conservatively with physical therapy and injections. He lost 13 weeks of work as a Federal Express shipping laborer.

The defendant admitted liability. However, the defendant argued that the plaintiff's medical treatment was connected only to a degenerative disc disease and not this incident. The defendant also contended that there was proof that Solis had a pre-existing degenerative disc disease because it showed up on an earlier MRI. Any of the recent medical care that plaintiff received, the defendant alleged, was not related to this crash because there was a 3-year gap in medical treatment.

The jury, however, agreed with the plaintiff that he was injured to the extent he claimed and returned a verdict for $204,814, which included $41,993 for medical expenses and $3,031 of lost time from work.

Before the trial, the Solis demand to settle this case was $100,000. It was reported that the defendant driver offered $55,000 to settle the case before trial. The attorneys for Mr. Solis were David J. Schwaner and Christopher Cortese.

David Solis v. Spiros Giannoulias, 10 L 14503 (Cook County).

Kreisman Law Offices has been handling car accidents, truck accidents, bicycle accidents and elevator accidents for individuals and families for more than 36 years, in and around Chicago, Cook County and its surrounding areas including, Berwyn, Bolingbrook, Romeoville, Elgin, Naperville, Chicago (Lincoln Park), Alsip, Homewood, Rockport and Zion, Ill.

Related blog posts:

Illinois Verdict for Rear-End One Day Trial; Canfield v. Village of Creve Coeur

$411,000 Jury Verdict in Sudden Stop Rear-End Crash; Nowak v. Ball

Cook County Jury Verdict for $72,000 in Admitted Negligence, Rear-End Car Crash; Castillo v. Las

In a February 2010 lawsuit filed by the plaintiff, Sandra Relf, it was alleged that Joseph Pre Jr. was negligent when their vehicles crashed in February 2008. The Cook County Sheriff's Office could not serve Pre with a lawsuit, so Relf filed a motion to appoint a special process server to deliver a service of summons to Pre. However, he died in April 2008. When Relf learned of Pre's death, she filed a motion for leave to appoint a special administrator for Pre's estate.

The trial judge approved the motion to name the special administrator of Pre's estate. However, at the same time, Pre's family opened a probate estate for him in August 2008, four months after the appointment of the special administrator. Because the estate already existed at the time Relf filed her lawsuit, the estate asked the judge to rule that the lawsuit was void. The estate argued that the appointment of a special administrator was improper because Pre's family received no notice of it.

The response by plaintiff Relf was that she didn't know that Pre had passed away when her lawsuit was filed. However, the trial judge granted the estate's motion to dismiss and an appeal was taken.

The appellate court reversed the judge's ruling in a 14-page opinion. The estate contended that Relf failed to follow §13-209(b) of the Illinois Code of Civil Procedure which allows lawsuits against an estate's personal representative within 6 months of death.

"It is unreasonable, and in this case it would have been impossible, to force a plaintiff to commence an action against the personal representative within 6 months of a decedent's death when the plaintiff does not even know that the decedent had died," wrote the majority opinion.

After learning of the death, Relf followed the requirements of §13-209(c) of the Illinois Code of Civil Procedure. That section allows a plaintiff to proceed in a lawsuit against an estate's personal representative if the plaintiff did not know about the death when the suit was first filed.

"In this case, plaintiff did not know of decedent's death until after she filed her original complaint," Appellate Judge Sheldon A. Harris wrote. "This is not disputed by defendant."

The opinion squares with logic and makes it fair for this plaintiff to proceed with her lawsuit.

Sandra Relf v. Natasha Shatayeva, 2012 Ill.App. (1st) 112071.

Kreisman Law Offices has been handling car crashes, truck accidents, motorcycle accidents, pedestrian accidents and bike accidents for individuals and families for more than 36 years, in and around Chicago, Cook County and its surrounding areas including, Hinsdale, Villa Park, Oak Park, Northbrook, Buffalo Grove, Fox River Grove, Island Lake, Long Lake, Round Lake Beach, Chicago (Canaryville), Burbank and Chicago (Calumet Heights), Ill.

Related blog posts:

llinois Appeals Court Ruled in Helicopter Crash Case: It Has Jurisdiction Against French Maker of Ball Bearings - Russell v. SNFA

Illinois Federal Judge Finds Affidavit Rescues Injury Case From Summary Judgment; Scott v. BNSF

Illinois Appellate Court Reverses a Verdict Regarding Admitted Evidence of Misleading Photographs; Johnson v. Bailey

A Cook County jury has found in favor of an injured driver whose car was rear-ended at a traffic light on eastbound Liberty Street at Route 59 in Aurora, Ill. The crash took place on Jan. 23, 2008 when the 19-year-old defendant failed to stop his vehicle and rear-ended the car driven by the plaintiff, Mr. Castillo. Although there was very little damage to the cars, Mr. Castillo, 38, was taken to the emergency room at Rush Copley Medical Center in Aurora. He was released after x-rays were shown to be negative.

Mr. Castillo sustained neck pain and low back pain and received no medical treatment since 2008. He missed three months of work as a bricklayer totaling a claimed amount of $33,000 in lost pay.

However, at the time of the crash, the plaintiff was unemployed. He received a job offer after the crash, but was unable to accept it due to his injuries from this crash. The wage loss claim was based on the job he was forced to refuse.

Continue reading "Cook County Jury Verdict for 72,000 in Admitted Negligence, Rear-End Car Crash; Castillo v. Las" »

Peter Nowak, 54, was stopped at a red light on eastbound Lake-Cook Road in Palatine, Ill., on April 14, 2010 when Nowak's car was rear-ended by defendant Ball. Nowak's testimony was that he never saw the Ball vehicle prior to the crash.

Nowak contended in his lawsuit that the impact from the crash aggravated a previously asymptomatic bulging disc at C5-6. The crash caused Nowak to experience cervical radiculopathy, which is described as neck pain that may radiate into the shoulder and arm. Nowak also claimed loss of range of motion and a cervical facet syndrome, which required two injections and possibly a future surgery. Cervical facet syndrome is a common cause of neck pain. This occurs when the joints of the neck become inflamed. The facet joints are located between the disc and the vertebrae in front of the boney bumps that can be felt on the back the neck.

In addition, Nowak claimed that he had developed severe pain from the neck injury, suffered from depression, anxiety, insomnia, nightmares and post-traumatic stress disorder.

Continue reading "411,000 Jury Verdict in Sudden Stop Rear-End Crash; Nowak v. Ball" »

A Will County, Illinois, jury verdict has been reversed by the Illinois Appellate Court for the Third District. In this case, Yvonne Johnson was injured in a Casey's General Store parking lot when she was struck by a vehicle operated by the defendant, Charles Bailey. At the Bailey deposition, photographs of the parking lot taken by Mr. Bailey were introduced. He had taken the photos using his own vehicle and that of his fiancé's as props.

At the Johnson deposition, she testified that she had injured her neck, head, shoulders and back in a 2005 fall unrelated to this incident. From that time on, she continued to see a chiropractor who completed her treatment, but he continued to treat her after she was injured in this accident.

Prior to the beginning of the jury trial, Johnson filed a motion seeking an order precluding the photographs of the parking lot outside the Casey's General Store. Johnson argued that Bailey had not laid a proper foundation for them in his deposition and that they should not be used at trial without laying a proper foundation.

Continue reading "Illinois Appellate Court Reverses a Verdict Regarding Admitted Evidence of Misleading Photographs; Johnson v. Bailey" »

A Cook County jury has found that FedEx was not responsible for injuries to Cesar Fernandez on June 13, 2009 when the car he was driving was rear-ended by a FedEx truck. Fernandez was stopped at a red light on Cicero Avenue at 31st Street when his car was rear-ended by a FedEx delivery truck.

The speed of the FedEx truck was disputed, but may have been between 5 mph to 30 mph. The driver of the truck did not testify at trial.

Fernandez, 45, complained of neck and back pain at the scene and was taken by ambulance to a nearby hospital where he was treated and released with a diagnosis of lumbar and cervical strain.

Continue reading "Cook County Jury Delivers Verdict for FedEx in Rear-End Crash; Fernandez v. FedEx Ground Package System, Inc., et al." »

Kurt Henriksen was driving westbound on Eagle Lake Road in Peotone, Ill., when a postal worker was driving northbound on 104th Street and pulled out from a stop sign directly in front of his vehicle. Henriksen had the right of way; a high-impact collision occurred involving the two cars.

The rural route postal carrier was delivering mail in her own car. Before the crash, Henriksen, 53, had a long history of low back and leg pain following a low back fusion. He had been treating with a pain management physician for over 12 years and managed his pain with medicine.

Following this crash, Henriksen developed increased back pain, increased left leg pain and pain radiating into his right leg and foot.

Continue reading "2 Million Verdict in Stop Sign Collision with Postal Carrier; Henriksen v. United States" »

Margaret Waimon, 84, was driving northbound on Interstate 294 when she rear-ended a vehicle in front of her. The Oct, 6, 2007 crash pushed that car into the rear of the car in front of it where the plaintiff, Jennifer Stadelmann, was a passenger. Stadelmann, 32, suffered a neck injury that required physical therapy.

The defendant driver passed away from unrelated causes before the trial. Defendant admitted negligence but denied the nature and extent of Stadelmann's claimed injuries that led to this trial. Stadelmann had soft tissue neck injuries and physical therapy bills. At the jury trial, the defendant argued that Stadelmann's injuries healed in 6-8 weeks following the crash and that $25,182 in physical therapy bills were not related to the crash. The jury disagreed.

The Cook County jury's verdict of $93,182 was made up of the following damages:

• $25,182 for medical expenses;
• $40,000 for pain and suffering;
• $28,000 for loss of normal life.

Continue reading "93,182 Cook County Verdict for Passenger in Three Car Crash; Stadelmann v. Estate of Waimon" »

Jackie Fuentes was driving northbound in 2006 on East 15th Road in Wallace Township, LaSalle County, while defendant Amanda Dovin was traveling westbound on North 31st Road. East 15th was a through street at this intersection, while North 31st had stop signs for east and westbound traffic.

Defendant Dovin stopped at the stop sign before making a left turn onto southbound East 15th and crashed into Fuentes' car. The impact forced Fuentes' car into a ditch on the west side of East 15th Road.

Fuentes, 24, was taken to the local hospital's emergency room, where she was diagnosed with a cervical strain, abdominal pain and a chest bruise. All of the tests conducted there were within normal limits except for an x-ray of her spine, which showed reversal of lordosis, a change in curve of the neck, caused by soft tissue swelling in her neck.

Continue reading "Illinois Jury Returns $167,000 Verdict in Stop Sign Car Crash; Fuentes v. Dovin" »

In September 2008, Robert Jones, a delivery man bringing pizza dough to the Pizza Hut restaurant in South Elgin, Ill., was hit by a Pizza Hut employee. Mr. Jones was delivering pizza dough on a loaded dolly through the parking lot heading toward the restaurant's back door when he was hit by Bibiana Bojorge, who was on her way to deliver a pizza.

Jones, 41, sustained a leg fracture that required surgery. He also will require a knee replacement surgery in the future.

The defendant argued at the trial that Mr. Jones had pizza dough stacked up too high on his dolly, so he was not able to see in front of him. The defendant contended that Mr. Jones ran into the car driven by the 19-year-old pizza delivery driver.

Continue reading "489,000 Cook County Verdict for Delivery Man Hit by Car in Parking Lot" »

Jose Gutierrez was driving southbound on Route 23 near Fossee Road in Ottawa, Ill., when his vehicle was hit by the front of the car driven northbound by defendant Palochko. Palochko's vehicle crossed the center line and crashed into the front of the Gutierrez car. The crash took place on Dec. 23, 2008 in the middle of a snow storm.

Another southbound car traveling right behind the Gutierrez vehicle swerved into the northbound lane after the crash. That car, driven by David Reese, struck the front passenger side panel of Palochko's car.

Gutierrez, 24, suffered a fractured sternum. Defendant Palochko argued that his car slid on the snow-covered roadway when he hit his brakes. He said he tried to straighten out his vehicle, but he spun into the southbound lane. Palochko is now disabled because of this crash.

Continue reading "Illinois Jury Finds for Injured in Head-On Crash in Snow Storm; Gutierrez v. Palochko" »

In a one-day trial in Tazewell County, Ill., a jury decided in favor of a plaintiff who suffered soft-tissue injuries to his neck and back. The plaintiff, Marshall Canfield, had no broken bones; however, in a straightforward trial, the jury awarded $46,074 made up of the following damages:

• $22,500 for pain and suffering;
• $5,000 for loss of normal life;
• $17,998 for medical expenses; and
• $576 for lost income.

In this case, defendant Justin Egan, driving a Village of Creve Coeur vehicle, rear-ended Mr. Canfield. The plaintiff alleged and proved that he suffered just soft tissue injuries to his neck and back. However, the defendant made no offer to settle the case before the trial. The plaintiff was represented by Michael T. Marincic of Peoria, Ill.

Continue reading "Illinois Verdict for Rear-End One Day Trial; Canfield v. Village of Creve Coeur" »

The Federal Motor Carrier Safety Administration (FMCSA), which is a division of the United States Department of Transportation, has requested that "black boxes," electronic data recorders or electronic on-board recording devices found in trucks and cars, should have the capacity to monitor a truck driver's hours behind the wheel.

The purpose of the black box device is to record data in case of a crash. The data found on the black box allows experts to review the events leading up to a crash and use that data in evaluating future safety issues.

Today cars have these "black boxes" to record events leading up to an automobile accident. The boxes record vehicle speed before the crash, deceleration rates and vehicle angles before and during the crash. They also detect whether seatbelts were used.

Continue reading "Black Box Technology Improves in Automobiles and Trucks" »

In a close case decided by the Illinois Appellate Court, Third District, defendant Will County Washington Township was held responsible for injuries suffered by occupants of an automobile in an accident that was alleged to have been caused by Washington Township roadway construction.

In this case, Ricky Robinson Sr. allegedly lost control of his car after hitting a pothole and construction debris on a roadway that was being fixed by Washington Township in Will County. The Robinson car turned over, injuring Rick Robinson Jr., Mr. Robinson's son, a passenger in the car.

A lawsuit was brought against the township on behalf of Rick Jr., who was a minor, by his mother, alleging that the township was negligent because:

•

Continue reading "Illinois Appellate Court Reverses Trial Court's Dismissal in Auto Injury Case Against Municipality; Robinson v. Washington Township" »

In this case, the defendant, Dale Levan, admitted liability for an auto accident that left a woman, Denise Ponto, injured. The verdict on damages was $585,174, but the defendant had only $100,000 in liability insurance. The plaintiff tried to collect the rest of the money from the city of Dixon, where the accident occurred. The jury had decided that the city was 35 percent at fault for causing the accident.

But the plaintiff's error was that she did not try to add the city as a direct defendant within one year of the filing, as required under Section 8-10(a) of the Local Governmental and Governmental Employees Tort Immunity Act. Dixon's culpability was a question for the jury because the defendant promptly filed a contribution claim against the municipality when he was sued.

The trial judge concluded that the law barred Ponto's claim against Dixon and the Illinois Appellate Court affirmed that ruling. Both the plaintiff and the defendant argued that a third-party defendant (in this case the city) who is more than 25 percent at fault is jointly and severally liable to the plaintiff for all damages, based on Section 2-117 of the Code of Civil Procedure. Section 2-117 specifies the rules on joint liability for all defendants found liable in tort cases involving bodily injury, death or property damage. Ponto reasoned that the reference to "all defendants found liable" meant that Dixon was jointly liable for her damages.

Continue reading "Illinois Appellate Court Affirms: Third-Party Defendant Not Liable in Auto Accident; Ponto v. Levan" »