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ILLINOIS
JURY VERDICT REPORTER
1-A TO 1-L AUTO COLLISIONS (Total 91 cases. $68-,539.293: average $753.179)
Settlements by Category
April 26, 2013
April 2013 (Issue h)
VolumeSEEE
$2,750,000 (SEEE h/1) 10L-13205 Attys Stephan D. Blandin and Michael E. Holden. February 17, 2010 pltf's
stopped car was rear-ended by defts' semi-truck on the north 25th Avenue off-ramp from I-290 in
Maywood. Reportedly, deft driver admitted causing the accident. Pltf M-35 truck driver, who had
undergone two prior spinal fusions but was then asymptomatic, claims aggravation of the prior
spinal injuries, leading to disabling chronic pain syndrome (three surgeries--including
implantation of a permanent spinal cord stimulator for pain control). Paid by Aviva Insurance.
$2,500,000 (SEEE h/2) 10L-11830 Atty PaulL. Salzetta. October 5, 2010 high school student Brian DeWitt (18)
was left-turning onto westbound 95th St. from northbound Central Park when his car was
broadsided by an unmarked Village of Evergreen Park police car that was pursuing an eastbound
vehicle for a traffic stop without lights/siren activated. Accident reconstruction had the police car
traveling 90 mph just 2.2 seconds prior to impact. Brian was killed (survived by his mother and
2 adult sisters). Post-mortem toxicology found THC in Brian's system--but the Estate insisted the
THC level was insignificant and was not a contributing cause of the crash. Paid by Illinois
Municipal League Risk Management Association.
$500,000 (SEEE h/3) 10L-1033 (IL, Will 12th Jud Cir) Atty Frank S. Cservenyak, Jr. Deft negligently
left-turned into pltf's path at Town Hall Drive and Phelps Avenue (Romeoville). Pltf was granted
summary judgment on liability. After the March 10, 2009 collision, F-54 developed cervical
radiculopathy and myelopathy, which necessitated an anterior cervical discectomy with fusion at
C6-C7 ($223,802 medl. expense; no LT). Paid by Hartford Insurance.
$250,000 (SEEE h/4) 11L-636 (IL, Lake 19th Jud Cir) Atty Elizabeth L. Spellman Pudenz. August 26, 2009
pltf was rear-ended by defts' large work van while stopped at a red light on Route 21 at Route 45
(Lincolnshire). M-50 cites an L5-S1 herniation with radiculopathy (no surgery), aggravation of
pre-existing thoracic spinal stenosis and spondylosis, and a neck strain ($57,853 medl. expense).
Pltf, a service technician for Vitality Foods, has been unable to return to loading, unloading, and
installing vending machines ($112,634 LT). Paid by Country Preferred (policy). Reportedly, pltf has
preserved a UIM claim against his employer's carrier, Hartford Insurance.
$193,000 (SEEE h/5) 08L-8443 Atty BryanS. Hofeld. Pltf vascular surgeon and her family were in a taxi,
southbound on I-294, when they were rear-ended by deft's limo after stopping for a vehicle ahead
that lost control on the snowy roadway. The incident occurred in a single lane construction zone
in less than optimal weather. F-42 suffered a bulging lumbar disc (unoperated) with radiating pain
into her lower extremities. She did not miss any work, but the injury made it uncomfortable for
her to stand for long periods ($20,000 medl. expense). Paid: $190,000 Carolina Casualty for the limo
company and its driver; $3000 State Farm for the lead driver.
$150,000 (SEEE h/6) No Suit Filed. (IL, Winnebago 17th Jud Cir) Atty G. Kimball MacCloskey. Deft could
not stop behind slowing traffic and crossed into pltf's lane, causing a head-on impact. Deft was
ticketed. F-49 cites comminuted fractures of her right radius and ulna at the wrist (ORIF
done--$56,277 medl. expense; no LT). Paid by Zurich.
$105,000 (SEEE h/7) 10L-825 (IL, Will 12th Jud Cir) Atty FrankS. Cservenyak, Jr. Deft trucker negligently
left-turned his tractor-trailer from Route 53 onto Laraway Road (Joliet), causing a collision with
pltf's vehicle. F-73 suffered blunt trauma injuries, and developed de Quervain's syndrome (painful
tenosynovitis of the thumb, wrist and forearm) which required surgery. Pltf was a competitive
bowler, but was sidelined for over a year ($55,860 medl. expense). Paid by Great West.
$100,000 (SEEE h/8) 11L-41 (IL, Winnebago 17th Jud Cir) Atty G. Kimball MacCloskey. April 29, 2011 deft
suddenly stopped and turned his vehicle sideways in the road so he could back into a drive. Pltf
M-60 was too close to stop and suffered fractures of his left forearm and elbow ($139,774 medl.
expense; $35,000 LT as a clerk). Paid: Farmer's (policy).
$22,500 (SEEE h/9) 10L-433 (IL, Winnebago 17th Jud Cir) Atty G. Kimball MacCloskey. Impact when deft
left-turned in front of M-46 carpenter temporarily aggravated pltf's pre-existing degenerative
changes at C5-C6 ($15,057 medl.; $27,686 LT). Paid by American Family.
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5. TO 6. FELAIWORK INTURIES (Total 26 cases, $76.611.500: average $2.946.596)
$23,000,000 (SEEE h/10) 08L-2333 Attys Joseph A. Power, Jr. and Brian LaCien. M-25 was employed by a
cleaning company that had been hired to handle janitorial work at clefts' factory. On February 22,
2008 pltf entered a large chute, which fed a paper baler from above, to clear a jam using his body
weight. When the jam cleared, pltf fell into the baler and his legs were crushed by the baler's ram.
Bilateral above-the-knee surgical amputations were required ($773,794 past medl. expense; lifetime
lost income of $1.2-1.6 million claimed). Allegedly, the factory clefts as well as pltf's employer
violated OSHA and applicable safety standards. Defts, insured by Constitution State Services,
Travelers Property & Casualty of America, and XL Insurance America, paid a total of $23 million.
Pltf's employer waived its $700,000 workers' compensation lien.
$5,000,000 (SEEE h/11) 07L-8369 Attys Mark E. McNabola and Karen A. Enright and Ruth M. Degnan. July
27, 2006 M-27 sustained crush injuries to both legs--necessitating bilateral below-the-knee
amputations--when a wall fell onto his legs after an employee of the general contractor Happs Inc.
cut a steel beam while demolishing an abandoned Union Pacific railroad bridge. He incurred over
$1 million medl. expense. Union Pacific (out on summary judgment--a ruling that is on appeal) had
hired Happs despite the company's lack of bridge demolition experience. Happs allegedly failed
to obtain a proper engineering plan for the project, and negligently performed the work. Paid for
Happs: $1 million Nautilus and $4 million Ace Westchester.
$2,500,000 (SEEE h/12) 07L-5815 Attys Stephan D. Blandin and Sean C. Burke. June 24, 2002 M-20 window
washer sustained multiple fractures (feet; pelvis; 3 lumbar vertebrae; right wrist), arterial damage
to his left leg which necessitated below-the-knee amputation, and severe trauma to his right ankle
(fusion anticipated) when he fell 30 feet from an open-edge roof at Memorial Medical Center
(Woodstock). Allegedly, pltf was not provided with appropriate safety equipment by his employer,
3rd-party deft Program Professional Services, and the roof lacked perimeter guarding. Paid by
CHRPP for Centegra Health System. Reportedly, pltf's employer waived $500,000 of a $650,000
comp lien and has agreed to pay all future medical expenses, which are estimated at $1 million.
$2,011,500 (SEEE h/13) 11L-2611 Attys Timothy S. Tomasik and Kimberly M. Halvorsen. M-28 tuckpointer
apprentice suffered a mild traumatic brain injury and multiple fractures ($135,045 medl. expense)
when a 100-lb terracotta coping stone fell two stories and struck him while he participated in a
training exercise. On AprillO, 2010 pltf was aboard a suspended scaffold which was anchored by
the coping stone on the roof of the Irish American Heritage Center when a power cord snagged
on the building's front stairs, creating an unintended load on the scaffold. Paid: $2 million
Tuckpointers Illinois Local 52 Apprenticeship Trust (Indiana Insurance; Netherlands Insurance;
EMC Insurance) plus a total of $11,500 from the IAHC and another deft.
$1,400,000 (SEEE h/14) 08L-251 (IL, Will 12th Jud Cir) Attys Timothy M. Richardson and Richard B.
Rogich. April 2, 2007 M-30 ironworker sustained multiple lumbar disc injuries (herniation at L3-4,
re-herniation at L4-5 with retrolisthesis requiring three level fusion surgery) while lifting a 132
pound beam during construction of a new high school in Wilmington. He incurred $367,816 medl.
expense and claimed $2,057,690 LT (unable to resume ironwork). Allegedly· deft construction
manager failed to provide a crane and removed a co-worker from the assignment at issue. Paid by
Arch Insurance for both defts. A $674,482 workers' compensation lien was also waived.
7. TO 8. INVITEES (Total 29 cases $18,613.500: average $641.845)
$4,500,000 (SEEE h/15) llL-13592 Attys Todd A. Smith and Thomas M. Power and Brian LaCien. M-15
drowned while swimming in Lake of the Woods at night with others attending the Greenwoods
Camp for Boys near Decatur, MI. He is survived by his parents and two older sisters. The teen had
struggled to pass his swimming test two days earlier--the first time that he had done so in his five
years attending the camp. Allegedly, the camp negligently permitted the campers to continue
swimming as darkness fell, and the murky water made it very difficult to find the boy once he
slipped below the surface. Paid by K&K Insurance for CampGroup LLC.
$3,000,000 (SEEE h/16) Confidential (USDC MO WC-Jefferson City) Attys Steven M. Levin and Jordan S.
Powell and Jesse E. Guerra, Jr. July 24, 2011 M-21 entered the indoor/outdoor swimming pool at
deft hotel. As he moved from the shallow end (located indoors) to the deep end (located outdoors)
he began to struggle. His father, M-47 witnessed this, and entered the pool to help. However, both
men were discovered unconscious by another hotel guest several minutes later. M-21 (unmarried)
had drowned. His father survived, but succumbed to a myocardial infarction the next day due to
his near drowning (survived by his wife and two children). Both men could swim. However, this
action alleged that the pool did not comply with state/federal regulations, including no
demarcation separating the shallow end (4-ft.) from the deep end (8-ft.), no readily accessible life
saving equipment, and a dangerous unexpected drop-off. Paid by undisclosed hotel.
Published by Jury Verdict Reporter, a Division of Law Bulletin Publishing Co., 415 N. State St., Chicago IL 60654.
Phone 312-644-7800. Facsimile 312-644-5990. Internet www.lawbulletin.com. Annual Subscription rate $165.
© Law Bulletin Publishing Co., 2013.

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$J
$610,000
$600,000
$425,000
$390,000
$175,000
$50,000
(SEEE h/17) Confidential (IL, La Salle 13th Jud Cir) Attys Stephan D. Blandin and Michael E.
Holden. April 13, 2001 M-14, riding a dirt bike, suffered a broken neck at C2-C3, which caused
brain death, when he hit a neck-high steel cable that had been strung across a gravel path that ran
- along deft's railroad tracks. The city where the incident occurred had apparently been granted an
easement by the railroad to use the path for power line maintenance. Allegedly, it was common
knowlege that the path was used by local children to ride motorcycles and ATVs--and the cable
was seldom r.aised--although it supposedly was intended to keep trespassers off the property. Both
defts denied owing the teen any duty of care. The city also argued it was protected by the Tort
Immunity Act (among other things). The railroad paid $350,000 and the city paid $260,000. This
case settled after a decade of litigation, including multiple motions to dismiss and appellate action.
(SEEE h/18) llL-6207 Attys Kathleen M. Ryan and Philip J. Ryan. August 3, 2011
mobility-impaired F-67 fell off the curbed island in the parking lot adjacent to a handcap accessible
parking space in the Brewster Creek Shopping Center (Bartlett). Pltf suffered bimalleolar fractures
to both ankles requiring surgical repair with internal fixation ($223,450 medl. expense; no LT),
which have resulted in arthritis. Allegedly, the deft violated disability laws and prevented safe
access to the shopping center stores. Paid by Hartford Casualty for Bonnie Management Corp.
(SEEE h/19) 09L-331 (IL, Will 12th Jud Cir) Attys Richard B. Rogich and Elizabeth L. Spellman
Pudenz. M-32 ironworker was a patron of the Stateville Haunted Prison--operated by Scared Inc.
and staffed by actors from Foundation Theatre Group. Allegedly, an actor chased pltf with a
baseball bat toward a dark unmarked area with a 6-inch drop-off, which caused pltf to trip and
completely tear his left ACL (knee reconstruction done). Pltf further claims the left knee buckled
post-op while he was descending stairs, resulting in ACL, MCL, and meniscus damage in his right
knee that required surgery ($100,627 medl. expense; $125,600 LT). Defense contested causation of
the right knee injury and disputed pltf's lost income claim. Paid by Scottsdale Insurance.
(SEEE h/20) llL-922 (IL, Du Page 18th Jud Cir) Atty FrankS. Cservenyak, Jr. August 16, 2009 F-62
slipped/fell on water from a leaking skylight in the Stratford Square Mall. Allegedly, the incident
aggravated previously asymptomatic patellofemoral osteoarthritis in pltf's right knee, necessitating
a total knee arthroplasty in April 2010 after conservative measures failed. 'She also aggravated a
prior shoulder injury and needed additional physicial therapy ($142,692 medl. expense). Paid by
Travelers Insurance for Feldman Mall Properties, Stratford Square Mall, and FMP Stratford LLC.
(SEEE h/21) 11L-12642 Atty Robert J. Zaideman. M-56 dentist tore a rotator cuff ($25,000 medl.
expense; no LT claimed) when he slipped/fell in the alley behind Buffalo Joe's (Evanston).
Allegedly, the restaurant kept a bin to collect cooking grease, which was emptied periodically by
Mahoney Environmental, but grease was allowed to spill into the alley. Paid: $92,500 Indiana
Insurance for Buffalo Joe's plus $82,500 Liberty Mutual for Mahoney Environmental.
(SEEE h/22) Confidential (IL, Winnebago 17th Jud Cir) Atty G. Kimball MacCloskey. November
22, 2008 mother of 9-month-old Samuel asked a server at deft's restaurant to bring a cup of warm
water so she could make a bottle for him. The server brought a cup of scalding water and placed
it in front of the infant--who grabbed it. He suffered first and second degree burns to his arm, groin
and upper leg, but scarring did not result ($25,191 medl. expense). Paid by co:171fidential deft.
12. MEDICAL MALPRACTICE (Total 91 cases, $245.579.413: average $2.698.675)
$35,000,000 (SEEE h/23) OSL-7156 Attys Joseph A. Power, Jr. and Devon C. Bruce. On April 14, 2006 male
infant (age 3 months) was admitted to Hospital #1 due to difficulty breathing and was diagnosed
with possible right lower lobe pneumonia. When the baby's respiratory distress increased,
personnel intubated him--but used a 4.0 ETT which was too large and caused subglottic stenosis,
necessitating placement of a tracheostomy in June 2006 to bypass his narrowed breathing passage.
In September 2006, the baby (now 9 months old) entered Hospital #2 due to excessive secretions
coming from his tracheostomy tube. Allegedly, nursing staff failed to properly monitor the baby
and timely suction secretions from the tube, leading to hypoxia-induced cardiac arrest and anoxic
brain damage. The child, now 7, suffers from severe cognitive deficits, cortical blindness, spastic
quadriplegia, and needs 24-hour care. Paid by undisclosed defts: $2 million by self-insured
Hospital #1; $1.5 million ISMIE for a doctor; $31.5 million by self-insured Hospital #2.
$20,000,000 (SEEE h/24) 12L-13761 Attys Timothy J. Ashe and Kristina K. Green. December 2, 2011 M-3
underwent outpatient surgery at John H. Stroger Jr. Hospital due to an undescended testicle.
Allegedly, hospital staff failed to monitor the child in the post-anesthesia care unit, and did not
timely identify his respiratory arrest, leading to cardiac arrest and hypoxic ischemic brain damage
when resuscitation was not promptly commenced. The child has severe cognitive and physicial
impairments (including quadriplegia and limited vision) and needs 24-hour care ($434,448 past
medl. expense; lifetime lost income over $2.4 million claimed). Cook County is self-insured.
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