A 60-year-old Los Angeles, Calif., attorney was a passenger in the back seat of the taxicab driven by the defendant Abdulkhair Haq on June 28, 2013. The cab and the L.A. attorney, David Kenney, were traveling southbound on Michigan Avenue when they were broadsided by the westbound SUV driven by Tyranesia Johnson in the middle of the intersection of Michigan Avenue and Monroe Street in Chicago’s Loop.
Kenney suffered a mid-shaft fracture of the humerus of his right arm, which required placement of a permanent plate and 13 screws. His medical expenses were $69,800.
The crash was captured on video from the cab with both internal and external views. Kenney’s expert accident reconstructionist testified that the cab driver was going 44 mph before the crash which is 14 miles per hour over the legal 30 mph speed limit. The cab driver was also claimed to have not been paying attention to the developing traffic patterns ahead.
Kenney further asserted that Johnson illegally entered the southbound lanes of Michigan Avenue because westbound traffic from Monroe Street was only allowed to turn right onto northbound Michigan Avenue as Monroe Street is a one-way street for eastbound traffic west of Michigan Avenue.
The defense for Haq, the taxi driver, argued that he had a green light, that Johnson caused the crash by improperly entering the southbound lanes and that Haq did not have enough time to react or avoid the crash by improperly entering the southbound lanes. The defense also maintained that Haq did not have sufficient time to react or avoid the collision.
The defense for Johnson argued that Haq was negligent because he was speeding and not paying attention. The automobile insurance policy limits for Haq was $350,000. The demand to settle the case before trial was $370,000, which included the automobile casualty policies of insurance for both Johnson and Haq.
The jury was asked to return a verdict of $649,800. The attorneys who excellently handled this case for Kenney were Benjamin A. Crane and Blake Vance.
The total jury verdict of $297,300 was entered against both the defendants, Johnson and Haq. The damages included:
- $69,800 for past medical expenses;
- $85,000 for past pain and suffering;
- $50,000 for future pain and suffering;
- $42,500 for past loss of normal life;
- $35,000 for future loss of normal life;
- $15,000 for disfigurement.
The jury apportioned liability 70% as to defendant Johnson and 30% as to the defendant Haq. However, Johnson settled for her $20,000 automobile policy limit during jury deliberations leaving Haq liable for the entire amount of the verdict less the $20,000 settlement as a setoff.
The only offer to settle the case on behalf of Johnson was for a total of $20,000. There was no settlement offer before trial made for the defendant Haq.
Congratulations are well deserved for Mr. Crane and Mr. Vance. This also happened to be Judge Jeffrey Lawrence’s final jury trial before his retirement in July 2016.
Kenney v. Johnson and Haq, No. 14 L 3336 (Cook County, Ill.).
Kreisman Law Offices has been handling intersection car crashes, motorcycle accident crashes, truck crash cases, rear-end car accidents and bicycle accidents for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Hinsdale, Highland Park, Glencoe, River Grove, Oak Forest, River Forest, Oak Lawn, Oak Park, Clarendon Hills, Chicago (Rogers Park, Streeterville, Back of the Yards, Little Italy, Pullman, Pilsen, Wicker Park, Bucktown, Logan Square, West Loop, South Loop), Naperville and New Lenox, Ill.
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