When it comes to car accident lawsuits, a jury will very rarely reward a driver for engaging in dangerous behavior. This trend held true in the motorcycle accident case of Edward Utterback, Janette Simons v. Dawn Isenhart, 09 L 15849. The jury found in favor of the defendant after determining that the plaintiff motorcycle driver was 100 percent at fault for the accident.
The motorcycle crash occurred near the Chicago intersection of Clark Street and Granville Avenue. The defendant, Dawn Isenhart, was making a right-hand turn into the parking lot of the Raven Theater. As Isenhart turned, she collided with Edward Utterback’s motorcycle, throwing both he and his passenger from the vehicle.
Utterback sustained a rib contusion, or bruise, and suffered from neck pain following the motorcycle accident. Janette Simons, his passenger, fractured her right collar bone, sustained “road rash,” and required stitches. She also reportedly lost consciousness at the scene of the crash.
Both Utterback and Simons filed a personal injury claim against Isenhart in which they contended that Isenhart’s negligent driving caused their injuries. And while both parties initially included lost wage claims for their missed time from work, Utterback withdrew his claim prior to the Cook County trial.