On Oct. 10, 2008, Joy Wyler, 51, was riding her motorcycle on Vollmer Road in Matteson, Ill. Wyler was about to cross through the intersection at Central Avenue on a green light when the defendant, Ira Batt, made a right turn on a red light from Central. His car collided with her motorcycle, causing her injuries. Wyler, who was an intensive care nurse at the University of Chicago Hospital, suffered a fractured right ankle and multiple fractures in her right foot, which required open reduction internal fixation surgery.
Wyler also developed post-traumatic arthritis and will require a future triple fusion procedure. She missed 13 months of work and will in the future miss an additional 6 months of work because of her surgeries and recovery.
Wyler argued that Batt did not yield the right-of-way at the intersection. The defendant maintained that Wyler improperly changed lanes and chose not to keep a proper lookout.
Batt also denied the impact occurred in the intersection and claimed that the impact took place beyond the intersection after he made his right turn onto Vollmer Road.
There were no independent eyewitnesses to the collision between Wyler’s motorcycle and Batt’s car.
The defendant stipulated to Wyler’s past medical bills, $70,472 and past and future wage loss, $144,324. At trial, the orthopedic surgeon expert for the defendant did not dispute the causation or need for future surgery, but the defendant’s orthopedic surgeon expert maintained that the cost of the future surgery would be only $25,000 to $35,000.
The attorneys representing Wyler were Lawrence T. Ruder and Michael A. Knobloch. The lawyers for Wyler noted that Batt’s last offer to settle the case before trial was $425,000, which increased to $495,000 following the first day of trial.
The jury’s verdict of $740,000 after being reduced by 27% because of the contributory fault of Joy Wyler was made up of the following damages:
- $51,445 for past medical expenses;
- $32,850 for future medical expenses;
- $72,086 for past lost wages;
- $33,270 for future wages;
- $137,587 for past pain and suffering;
- $137,587 for future pain and suffering;
- $137,587 for past loss of normal life; and
- $137,587 for future loss of normal life.
Joy Wyler v. Ira Batt, No. 10 L 10208 (Cook County, Ill).
Kreisman Law Offices has been handling motorcycle accidents, car crashes and truck 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 Hoffman Estates, LaGrange Park, Markham, Melrose Park, Maywood, Crestwood, Crete, Deerfield, Des Plaines, Oak Lawn, Olympia Fields, River Grove and Westchester, Ill.
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