Mr. Wine tried the case of Kiuzkowski v. Galent to verdict from September 21, 2015 to September 22, 2015. Judge Funderburk of the Daley Center presided over the jury. The plaintiff alleged that a disk injury to her neck and a shoulder injury contending that Ms. Galant drove her car carelessly at the intersection of Wellington and Naragansett in Chicago. Mr. Wine and Ms. Galent showed the jury that contact took place only because Ms. Galant had been struck by another car and as a result was pushed into the plaintiff’s car. The plaintiff presented medical bills of $11,264 and asked the jury for $37,000. Mr. Wine argued that Ms. Galent drove her car carefully and that the plaintiff’s injury was not credible. After Judge Funderburk gave the jury their legal instructions, they deliberated for 10 minutes and returned a verdict in favor of Ms. Galent.
This auto case arose from a collision of June 28, 2011. The crash happened at Belmont and Sayre in Chicago. Plaintiff Agnes Supergan and her passenger, Kamil Kulesza, drove southbound on Sayer. Meanwhile, Heather Murasky drove westbound on Belmont. The crash took place in the intersection and both drivers claimed they had the green light. Supergan claimed neck and back injuries and presented approximately $14,000 in medical bills. Kulesza neck and back injuries also and presented approximately $7,200 in medical bills. The parties tried the case before a jury over which Judge Lustig presided in the Daley Center. The jury awarded Supergan $10,441 but reduced her recovery by 50% finding she was half at fault for the accident leaving her a net recovery of $5220. The jury also awarded Kamil only an amount for her medical bills.
On September 12, 2012, Hunter March operated a Honda 929 motorcycle. He headed northbound on Route 31 in the right hand of two lanes. Meanwhile, Gayle Vandenbergh headed likewise northbound north of Mr. Marsh. Mr. Marsh contended that Ms. Vandenbergh was initially in the left hand land positioned to turn left onto Cedar and as he began to pass her, she suddenly changed lanes from the left to the right trying to turn into a parking lot cutting him off. Ms. Vandenbergh denied ever being in the left hand lane and contended that she was at all times in the right lane and had slowed to turn into the parking lot to her right and that Mr. Marsh tried to pass her on the sidewalk hitting her passenger side. The responding Geneva Police Officer issued Ms. Vandenbergh a ticket for improper lane usage. Ms. Vandenbergh appeared in traffic court without an attorney and agreed to take driving school not realizing such constituted a guilty plea. A passenger testified corroborating Ms. Vandenbergh’s testimony. One eyewitness in another car testified she wasnt sure what happened. Another eyewitness testified corroborating Ms. Vandenbergh’s testimony. Mr. Marsh suffered a neck injury resulting in a c5-c6 fusion of his neck. He had medical bills of $126k and lost his job as a cook.
Ms. Vandenbergh was covered by a policy of insurance with a $100k limit. Mr. Marsh’s counsel demanded the policy limits threatening bad faith if the limits were not offered. On the advice of Mr. DiPino, the insurance company proposed a binding arbitration with the limits as the high and $20k as the low. Plaintiff’s counsel agreed to the proceeding.
At arbitration the parties and evidence were put to the arbitrator. Plaintiff’s counsel also provided the arbitration with an affidavit from a former attorney who claimed that the passenger in Ms. Vandenbergh gave him an oral statement saying Ms. Vandenbergh was in the left lane. After hearing all the evidence and the testimony of the witness together with their demeanor, the arbitrator awarded Mr. Marsh only $60k. The arbitration was binding and final.