$7 Million Jury Verdict in Failure to Yield to Pedestrian in Crosswalk

Zoe Rosenthal, 53, was walking in a crosswalk at an intersection. Charles Davignon turned left in his vehicle at the intersection and hit Rosenthal, knocking her to the ground. Sadly, she died of her injuries two days later. She was survived by her two adult daughters and a granddaughter.

Her daughters, on behalf of her estate, sued Davignon, alleging he negligently operated his motor vehicle and chose not to yield to a pedestrian in a crosswalk.

The lawsuit also claimed that Davignon Real Estate Agency and Davignon Property LLC were vicariously liable for Davignon’s negligence because he was in the course of his employment at the time of this incident.

The Rosenthal family asserted that Davignon told the police officer at the scene that he had not seen Rosenthal until the time of impact. The Rosenthal family also claimed that Davignon’s poor vision in his left eye was a contributing factor.

The defendants admitted liability during the trial. The jury signed a verdict for $7 million including $3 million for each of Rosenthal’s daughters.

At trial, the Rosenthal family engaged experts in ophthalmology and critical care surgery while the defendants presented experts in optometry and retinal medicine.

The attorneys successfully handling this case for the Rosenthal family were Nicholas C. Rowley, Karen Zahka, Benjamin Novotny and Charlotte Glinka.

Castillo v. Davignon, No. 1879CV00247 (Mass. Super. Ct. Hampden County).

Kreisman Law Offices has been handling motor vehicle accident lawsuits, pedestrian accident cases, bicycle accident cases, wrongful death lawsuits, and truck accident cases for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Mundelein, River Grove, Addison, Lombard, LaGrange, Willowbrook, Justice, Hickory Hills, Palos Park, Worth, Blue Island, South Holland, Riverdale, Orland Hills, Stickney, Cicero, Waukegan, Villa Park, Chicago (Pilsen, McKinley Park, Canaryville, Burnham Park, Kenwood, Jackson Park, Washington Park, Greater Grand Crossing, Avalon Park, Chatham, Wrightwood, Roscoe Village, Roseland, East Side, South Deering, Old Town Triangle, Near North Side, Ukrainian Village, Bucktown), Franklin Park, Forest Park, Maywood, Berkeley and Wilmette, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.