On Oct. 18, 2011, Shama Khan was a passenger in her husband’s car, which was stopped at a red light on eastbound Grand Avenue (Route 132) near Stonebrook Drive in Gurnee, Ill. The defendant Shawn Tabin, 72, was driving his car eastbound and then rear-ended the car behind the Khan vehicle, which was pushed into the back of Khan’s car.
The plaintiff Shama Khan, 48, maintained in the lawsuit that was filed that the impact of the collision caused her to suffer a protruding cervical disc, which was unoperated, cervical radiculopathy, lumbar radiculopathy, post-concussion syndrome, short-term memory deficits and depression. Her medical expenses were alleged to be $38,375.
The defendant Shawn Tabin claimed that the middle driver, third-party defendant Gregory L. Burton, ran into the plaintiff’s car before Tabin’s car rear-ended Burton and caused him to hit her a second time, which was supported by Khan’s claim that she felt two separate impacts to the back of her husband’s vehicle.
The third-party defendant, Burton, maintained that he was stopped behind the Khan car and did not crash into their car until after Tabin’s car rear-ended his and forced his vehicle into the Khan vehicle.
The defense for Tabin and Burton argued that Khan suffered only a cervical strain and the only medical treatment that she received related to this crash was for her emergency room visit, two doctor’s appointments and brief physical therapy. They argued that her medical bills of $38,375 were not entirely related to this crash.
The jury’s verdict of $81,928 versus Tabin was made up of the following damages:
- $35,928 for past medical expenses;
- $38,500 for past and future pain and suffering;
- $1,500 for past and future loss of normal life; and
- $6,000 for emotional distress.
The jury found in favor of Burton and entered a verdict of not guilty as to that third-party claim brought against him by Tabin.
The attorney representing Shama Khan, the plaintiff, was Robert J. Hauser. Before trial, the demand to settle the case was $75,000. In closing argument it was reported that Hauser asked the jury to return a verdict of $260,000. The only offer made by the insurance company for Tabin was $9,840. There was an offer made by the insurer for Burton at $10,000.
At trial, Khan’s counsel presented experts in neurology, psychiatry, radiology, rehabilitation and physical medicine. A neurologist testified on behalf of Tabin.
Shama Khan v. Shawn Tabin v. Gregory L. Burton, No. 13 L 60 (Lake County, Ill.).
Kreisman Law Offices has been handling truck accident lawsuits, car accident cases, motorcycle crashes, bicycle accident cases and catastrophic 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 40 years in and around Chicago, Cook County and its surrounding areas, including Orland Park, Rolling Meadows, Palatine, Homewood, Arlington Heights, Naperville, Morton Grove, Antioch, Schiller Park, Tinley Park, Carpentersville and Schaumburg, Ill.
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