Jury Sides With Driver of Car in Motorcycle Crash

On Sept. 24, 2010, Thomas DeSonia was driving his motorcycle with his girlfriend as his passenger. DeSonia was traveling about 40 mph northbound on Route 53 in Wilmington, Ill., when the southbound car driven by defendant Bernard Wall attempted a left turn in front of DeSonia. The motorcycle and the car collided. Wall was turning into a driveway so he could turn around and head back north. Because he had forgotten to purchase something while shopping at the store, he wanted to return there and thus the reason for the left turn.

Wall reportedly apologized to DeSonia at the scene.DeSonia alleged that the impact caused him to fall onto his back and slide about 35 feet on the pavement causing road rash, a laceration to his right hand that required 4 stitches to close and chronic back pain from his sacroiliac joint and L5-S1 nerves. DeSonia was treated with 3 epidural steroid injections, physical therapy, medicine and ongoing treatment. The issue of DeSonia’s permanent medical condition was barred due to the non-disclosure of his medical bills. Only a portion of his total medical bills were admitted and considered by the jury. DeSonia lost six months of work as a truck driver.

Wall said he did not see the motorcycle until the last moment because it was following too closely behind another car. 

DeSonia maintained that there was a distance of 200 feet between his motorcycle and the vehicle ahead of him. DeSonia’s girlfriend, the passenger, testified the other vehicle was only about 2 car lengths ahead of them. The defendant denied negligence and asserted that DeSonia was more than 50 percent at fault for causing his own injuries.

Defendant’s expert testified at the jury trial that DeSonia’s back injury was only a lumbar strain. The demand to settle the case before trial was $100,000. The jury was asked to return a verdict of $150,000.  The defendant offered $31,000 before trial, which was rejected. 

The jury’s verdict was in favor of the defendant, Bernard Wall. 

Thomas DeSonia v. Bernard T. Wall, No. 11 L 13187 (Cook County).

Kreisman Law Offices has been handling automobile accidents, car crashes, motorcycle accident, bicycle crashes and trucking 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 37 years in and around Chicago, Cook County and its surrounding areas, including Burbank, Justice, Oak Lawn, Oak Forest, Crestwood, Forest Park, Evergreen Park, Chicago (Morgan Park, Washington Heights, Roseland, Lake Calumet, South Chicago, South Shore, Hyde Park, Little Village, Lawndale), Burr Ridge, Hinsdale, Westchester and Maywood, Ill.

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