Three Car Rear-End Crash With Admitted Negligence Results in Jury Verdict

On June 9, 2011, Giuseppina DiFranco, 50, was driving eastbound on Army Trail Road in Bloomingdale, Ill. DiFranco was rear-ended by defendant Constance Kusar whose car was then pushed into the vehicle in front of her car.

DiFranco, an administrative assistant, claimed that the collision caused her cervical radiculitis, thoracic outlet syndrome and soft tissue injuries to her neck, back, right arm and right knee. She claimed to have expended $29,111 in medical expenses.

The defendant, Kusar, stipulated to negligence but denied that the plaintiff, DiFranco, was injured or that she was injured to the extent that she claimed.

Eugenio DeFranco was a passenger in the DiFranco vehicle.

The demand to settle the case before trial was $60,000. The jury was asked to return a verdict for Giuseppina DiFranco of $129,000 and $29,000 for Eugenio DiFranco for their respective injuries. The only offer made to settle the case before trial was in the amount of $23,000.

The jury’s verdict of $1,000 in favor of Giuseppina DiFranco was made up of $1,000 in past medical expenses, $0 for pain and suffering and not guilty as to Eugenio DiFranco.

The attorneys representing the DiFrancos in this lawsuit were John F. Horvath and Michael T. McCracken.

Giuseppina DiFranco and Eugenio DiFranco v. Constance Kusar, No. 13 L 6288 (Cook County, Ill).

Kreisman Law Offices has been handling automobile accident cases, truck accident cases, motorcycle accident cases, bicycle accident cases and pedestrian accident cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Wheaton, Waukegan, Vernon Hills, Buffalo Grove, Glenview, Northfield, Northbrook, Hinsdale, Highland Park, Mount Prospect, Des Plaines, Chicago (Ravenswood, Back of the Yards, East Side, Woodlawn), Calumet City and Blue Island, Ill.

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