Matthew Martin, 19, was riding in the back seat of a Mini Cooper driven by his friend, Raymond Consul. As they drove a winding road, Consul chose not to properly negotiate a curve. He lost control of his car, which traveled off the roadway and hit a concrete barrier.
Martin suffered a severe traumatic brain injury and fell into a vegetative state. In addition, he suffered a spinal cord injury that caused paralysis. Martin had worked as an automotive detailer before this unfortunate crash. Through a guardian, Martin sued Consul alleging that he was negligent in driving 60 mph in a 30-mph zone and in failing to maintain control of his vehicle. The plaintiff guardian claimed lost wages for Martin totaling more than $138,200 and past medical expenses of $530,400.
The defendant argued that Martin’s injuries resulted from his choosing not to wear a seatbelt.
The jury signed a verdict of approximately $18.7 million finding Martin 25% liable apparently because of his not wearing a seatbelt. With added medical expenses and reduction for the plaintiff’s fault, the total award was more than $14.06 million.
The attorneys successfully handling this tragic case were Steven Wittmer and Gregory Linehan.
Chmielewski v. Consul, No. 2013 CA 008764 NC (Fla. Cir. Ct. Sarasota County).
Kreisman Law Offices has been handling automobile crash cases, truck accident lawsuits, bicycle accident cases, motorcycle injury lawsuits and traumatic brain injury lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Stickney, Berwyn, Melrose Park, Justice, Hickory Hills, Orland Park, Brookfield, Maywood, Schiller Park, Lemont, Morton Grove, Hinsdale, Wheaton, Naperville, Aurora, Joliet, Lisle, Chicago (Chinatown, Pill Hill, Pilsen, Printer’s Row, Ravenswood Gardens, Rogers Park, Roscoe Village, South Loop, West Town, Koreatown, Kilbourn Park, Jefferson Park, DePaul University Area, Canaryville, Bucktown), Cicero, Deerfield, Des Plaines and Evanston, Ill.
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