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.
Mr. Stephen defended Mary Stevens in a jury trial tried before the Honorable Thomas Flanagan at the Daley Center in Chicago. The case arose from an accident of May 27, 2010. The plaintiff, Pearl Teverbraugh, alleged that as she walked across 14th Street in Hazel Crest, Ms Stevens, age 89, ran over Ms. Teverbraugh’s foot leading to leg and knee injuries. Ms. Teverbraugh, however, sought medical treatment five days later having denied leg pain at the scene of the accident. Ms. Stevens denied making contact with Ms. Teverbraugh. The plaintiff put into evidence approximately $61,000 in medical bills. Mr. Stephen and Ms. Stevens persuaded the jury that no contact ever took place and the jury returned a verdict of not guilty in favor of Ms. Stevens.
Mr. Stephen defended Sarah Reynerston in a personal injury suit arising from a car accident. The presiding judge was the Honorable Dorothy French, and the case was tried from May 18 to May 20, 2015. The case arose from a rear end occurrence in a construction zone on Schick Road in Bloomingdale. The parties disputed the severity of the contact between the cars. Jennifer Baker, the adult plaintiff, had had a long history of back problems which she claimed were aggravated by the accident. Dr. Montella testified on Ms. Baker’s behalf tying $58,000 in medical bills to the accident. Rhianna Baker, a minor, presented medical bills for back injuries in the amount of $205. Ms. Reynerston contended that the Ms. Baker made a sudden stop for no reason. Dr. Tuttle also testified for Ms. Baker disputing the casual relationship of the alleged injuries to the accident. The lawyers for the Plaintiffs’ demanded $100,000 to settle and at trial asked the jury for $208,601 for the adult plaintiff and $1705 for the minor plaintiff. The jury found the adult plaintiff fifty percent at fault and returned a verdict of $557 for Ms. Baker and $255 for her child.
Mr. Stephen went to jury verdict in cause 2013 L 804, Kashtenjeva v. Blain. The presiding judge was the Honorable Susan Cleary. The jury heard the case from April 27 to April 30, 2015. The case arose from a collision in Plainfield, Illinois. Ms. Blain made a left turn in front of Ms. Kashtenjava. The impact was significant in that both cars were totaled. Ms. Kashtenjava suffered a traumatic brain injury leaving her with memory deficits, injuries to both shoulders, and injuries to her knees. Her physicians at trial was Dr. Kruse and Dr. Cabin. The plaintiff put into evidence medical bills of approximately $29,000 and $26,000 in wage loss. Her counsel asked the jury for $467,302. Because of Mr. Stephen’s skill, the jury returned a verdict on only $68, 902.40
From March 11, 2015 to March 19, 2015, Mr. Rados tried the case of Wilson v. Hsin in the Circuit Court of Cook County before Judge Lorna Propes. The case arose from an auto accident in which Mr. Hsin, a pyschiatrist, rear ended the car of Ms. Wilson propelling her into the car ahead. Ms. Wilson filed suit alleging injuries to her neck and shoulder. She underwent surgery for her shoulder and plans to have neck surgery to fuse her neck. There was no evidence in the case of complaints or treatment predating the accident. Ms. Wilson presented to the jury medical bills in the amount of $80,u839 and alleged lost time from her job as an administrative assistant of $135,000. The defense had offered $250,000 before trial. The plaintiff demanded $800,000 to settle having rejected the defense’s offer of $250,000. The jury returned a verdict of $7,616. Beverly & Pause congratulates Mr. Rados on a job extremely well done.
On March 24, 2012, the plaintiff, Ms. McCamury, sat at the window counter eating her lunch at Pop’s Restaurant. Katelyn Hand, age 16 and licensed to drive for only 3 months, pulled into the parking lot to eat at Pop’s. Her foot inadvertently slipped off the brake and hit the gas propelling her car into the front wall and windows of the restaurant. The plaintiff alleged that her knees were injured when the windows and the front of the restaurant collapsed on her and that she suffered multiple disk herniations to her lumbar spine from being knocked off her stool onto her backside. She described the incident as the “most traumatic thing in her life” and her physician from UIC medical center testified that she would need surgery on her back.
Discovery showed that she had had an auto accident in 2009 in which she injured her lower back. The cashier at Pop’s testified that the plaintiff was not knocked off her stool and in fact returned a week later demanding a free lunch. Paramedics and the emergency room physician testified that she was walking at the scene and the exam of her back at the ER was normal. Her surgeon was forced to admit that the history he received from the plaintiff was “flawed” and that the disk pathology on the MRIs could be degenerative and could be associated with her prior accident.
The Plaintiff’s medical bills were approximately $40,000 and her future medical bills for surgery and associated rehab were approximately an additional $55,000. The parties agreed to binding arbitration to protect Ms. Hand and because the Plaintiff would only accept Ms. Hand’s policy limits of $100,000.
The arbitration found that the only injury related to the accident were to the Plaintiff’s knees and awarded $49.048.50. The case was arbitrated on January 28, 2015.
From February 5 to February 10, 2015, Mr. Iovinelli defended Ms. Fininis in a jury trial of personal injury lawsuit filed by Ms. Heredia. The accident happened on March 9, 2010 in Schaumburg Illinois. At the time, Ms Fininis has tried to cross Golf Road when she was hit by Ms. Hamada and, in turn, crashed into Ms. Heredia. Ms. Heredia alleged injuries to her lower back consisting of multiple disc herniations. Dr. Dewald testified for Ms. Heredia that the injuries were caused by the accident. Mr. Iovinelli thoroughly investigated Ms. Heredia’s medical history learning that she had initially complained of back pain in February of 2010 and engaged Dr. Kale as Ms. Fininis’ expert. At trial, Ms. Hamada settled with the Ms. Heredia for $5,000. The case, tried before the Honorable Ken Linscomb in the Circuit Court of Cook County, went to the jury. During closing argument to the jury, Ms. Heredia’s attorney asked for a verdict in the amount of $88,958.45. Mr. Iovinelli argued that Ms. Heredia had failed to carry her burden of proof to establish her injuries were a result of the accident. The jury returned an award for Ms. Heredia of only $8,958.45 leaving a net verdict of $3,958.45 after the Court reduced it by the amount paid by Ms. Hamada.
Mr. Stephen’s defended Melissa Peterson in the lawsuit brought against her for personal injuries filed by Nathaniel Linhart. The case was tried from February 2 to February 4, 2015. The presiding judge was the Honorable Ken Popejoy. The lawsuit arose from an auto accident in which Ms. Peterson rear ended Mr. Linhart’s stopped car. Mr. Linhart alleged that as a result of the accident, he suffered a herniated disc at L5-S1 causing pain and numbness down his left leg together with an injury to his neck. The impact between the cars was considerable. Mr. Linhart’s physician, Dr. Charles Slack connected the injuries to the accident. He presented to the jury $11, 599.08 in medical expenses and a prognosis for future pain and suffering. Mr. Stephen retained Dr. Charles Hudgins and disputed the extent of Mr. Linhart’s injuries and their relationship to the accident. Mr. Linhart’s attorney asked the jury to award $159,300. Mr. Stephen persuaded the jury that the fair and reasonable compensation was much less based on the evidence. The jury returned an award of only $23,000.