On May 20, 2010, the plaintiff, Bernard Fay, 47, was stopped at a red light at an intersection in Skokie, Ill. Fay was waiting to make a right turn on red and pulled forward to see if traffic was clear before proceeding. However, the defendant, Elisa All, thought that Fay had turned and her car rear-ended his car.
Fay sustained a nondisplaced fracture of the coronoid process in his left jaw, which was not operated on, two fractured molars requiring a crown on one and a filling for the other, neck pain that required chiropractic care for one year and bulging discs at C5-C6 and C6-C7 with internal disc disruption requiring a future 2-level fusion. Fay lost time from his job as a stationary engineer.
The defendant, All, admitted liability but argued that Fay did not need the future neck surgery and that his disc pain was a diagnosis by exclusion based solely on subjective complaints. She also maintained that Fay told his chiropractor in June 2011 that he was 100% improved.
The jury deliberated 3 hours, which included time for lunch. Before trial, a demand between $250,000 and $450,000 was made to settle the case on behalf of Fay. The offer indicated by defendant ranged from $37,500 to $450,000. The attorney who tried the case for Fay and represented him was Kevin W. O’Connor.
The jury’s verdict of $402,898 was made up of the following damages:
• $20,000 for past pain and suffering;
• $100,000 for future pain and suffering;
• $20,000 for past loss of normal life;
• $100,000 for future loss of normal life;
• $24,698 for past medical expenses;
• $79,400 for future medical expenses;
• $16,800 for past lost earnings; and
• $42,000 for future loss of earnings.
Bernard Fay v. Elisa All, No. 11 L 990 (Cook County, Ill.).
Kreisman Law Offices has been handling automobile accident cases, rear-end crash cases, truck accidents cases and bicycle accident 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 38 years in and around Chicago, Cook County and its surrounding areas, including Arlington Heights, Brookfield, Lincolnwood, Evergreen Park, Evanston, Cicero, Joliet, Waukegan, St. Charles, Western Springs, River Forest, Chicago (Humboldt Park, Edgewater, Diversey Harbor, Canaryville, Bridgeport, Pill Hill, Chinatown, Austin, Back of the Yards), Lockport, Morton Grove and Palos Park, Ill.
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