Jennifer Wells, age 27, was a pedestrian crossing at Pulaski Avenue and 52nd Street in Chicago. She was heading westbound at the northern-most stoplight standard of the intersection. She believed it was the location of the crosswalk. It was rush hour at the time of the incident, and traffic was stopped at a red light for both northbound and southbound Pulaski.
In walking across the intersection, Wells had reached the far curb lane when she was grazed by the defendant Dorota Belzowska’s southbound car causing fractures to both of her feet and ankle. She also suffered other soft tissue injuries. She was forced to take two months off work as an accountant.
Wells’s doctor testified at the trial that her injuries took place both when she was struck by the car and when she twisted away in an attempt to avoid being hit by the defendant’s car.
Wells contended that Belzowska chose not to stop for a red light and instead was guilty of choosing not to make a proper lookout for pedestrians.
The defendant Belzowska argued that Wells was contributory negligent for choosing not to use a designated crosswalk located 50-100 feet south and for walking between stopped cars.
The jury’s verdict of $125,000 in favor of Wells was reduced by 20% for fault attributable to Wells. The jury’s verdict was made up of the following damages:
$59,840 for pain and suffering;
$24,000 for loss of normal life;
$11,200 for medical expenses; and
$4,960 for lost time from work.
The attorneys for Wells were Raymond Garza and Matthew Arthur. The demand to settle before trial was $60,000. There was no offer made to settle the case before trial by the defendant Belzowska.
Jennifer Wells v. Dorota Belzowska, No. 08 M6-3206 (Cook County).
Kreisman Law Offices has been handling car accident cases, truck crashes and construction injury cases 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 Chicago (Goldcoast), Glenview, Harwood Heights, Franklin Park, Park Forest, Rosemont, Chicago (Chatham), Oak Park, Oak Lawn, Oak Forest, South Holland and Blue Island, Ill.
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