On June 28, 2010, Dariusz Bosek was stopped at a red light in the northbound lane of Randall Road at Mill Street in Batavia, Ill. His vehicle was then rear-ended by a car driven by the defendant, Hildegard Maas. Bosek, 44, was injured in the crash; he sustained a left elbow injury, a painful tendon injury that required physical therapy, injections and eventually surgery in November 2011. Bosek made a full recovery after the surgery and has no permanent problems now. His medical bills totaled $38,620. He did not have any lost time from work as a delivery driver.
The 89-year-old defendant, Hildegard Maas, had been stopped behind Bosek but reported that she sneezed, which caused her foot to slip off the brake pedal. Maas was not present for the jury trial because she was in poor health and residing in a Colorado nursing home.
The defense admitted negligence at trial, but contested the extent of the plaintiff’s injury pointing to the minimal damage to the vehicles and a 7-month treatment gap from November 2010 to June 2011 in which Bosek was treated.
The defendant also maintained that the injury to Bosek was not severe because he did not undergo surgery until 17 months after the crash. Bosek is a Polish immigrant who testified through a Polish interpreter at the trial. Bosek’s counsel noted that the defendant made no offer on the case until two days before the trial at which time an offer of $44,000 was made and increased to $55,000 before closing argument to the jury.
Bosek’s counsel Michael C. Mead, asked the jury to return a verdict of $163,620. The jury’s verdict of $80,620 was made up of the following damages:
• $38,620 for medical expenses;
• $21,000 for pain and suffering; and
• $21,000 for loss of normal life.
Dariusz Bosek v. Hildegard Maas, No. 11 L 7842 (Cook County, Ill.).
Kreisman Law Offices has been handling car accident cases, rear-end accident cases 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 Orland Park, Calumet Park, Calumet City, Blue Island, Markham, Rolling Meadows, Skokie, Bensenville, Elk Grove Village, Buffalo Grove, Hoffman Estates, Romeoville, Bolingbrook, Niles, Evanston, Dolton, Crete, Countryside, Country Club Hills, Cicero, Chicago Ridge, Chicago Heights and Homewood, Ill.
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