Kreisman Law Offices Professional Corporation
On June 8, 2009, the defendant, Andrew Frank, was making a right turn from southbound Campbell Avenue in Chicago turning onto westbound Roosevelt Road when he hit the plaintiff bicyclist, Tyrone Butler. Butler was riding eastbound in the westbound lanes. Butler, a 51-year-old janitor, said he rolled over the hood of the defendant’s car after being hit.
Butler said that he sustained a blunt head injury, an avulsion fracture of the left orbital rim, headaches, blurred vision, multiple facial lacerations and abrasions that required 22 stitches and strains to his cervical and lumbar spine.
Butler’s medical bills totaled $21,734. The plaintiff’s injuries and medical treatments were stipulated to and offered to the jury as facts consider in deliberations.
The defendant, Frank, is a 36-year-old high school teacher. Frank said he stopped at the stop sign before moving into the intersection making his right turn. Frank denied negligence and argued that Butler was at fault for riding his bike in the wrong direction.An independent witness testified at trial that Frank failed to stop at the stop sign and hit the plaintiff’s bike in the crosswalk. The parties agreed at trial to the entry of an order limiting any verdict to the insurance policy limits by Frank. This case was tried in one day through the cooperation of the plaintiff’s and defendant’s lawyers and the inspiration of Cook County Circuit Court Judge Michael R. Panter.
The jury’s verdict of $16,040 after being reduced by 40% for the contributory negligence of the plaintiff was made up of the following damages:
- $13,040 for medical expenses;
- $1,500 for pain and suffering; and
- $1,500 for loss of normal life.
The plaintiff’s attorney was Theodore Vineski, Jr. and the defendant’s attorney was Jack V. Batten.
Before trial, there was no demand to settle the case, although the jury was asked to return a verdict of $130,000. There was no offer to settle the case made by the defendant.
Tyrone Butler v. Andrew Frank, 11 L 5380 (Cook County).
Kreisman Law Offices has been handling bicycle accidents and car crashes for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 37 years in and around Chicago, Cook County and its surrounding areas, including Norridge, Bensenville, Oak Forest, Park Ridge, Riverside, Berwyn, Melrose Park, Elmwood Park, Franklin Park, Schiller Park and Harwood Heights, Ill.
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