Articles Posted in Damages

Andrea Laing, 23, was walking northbound along a sidewalk platform at a Portland, Ore., “Max” light rail station. She crossed the eastbound tracks to board a stopped westbound train and was struck by an out-of-service eastbound train that was entering the station.

Laing suffered facial and rib fractures; internal injuries, including injuries that required the removal of her spleen; a severed left leg and skin injuries. Her medical expenses were $800,000 and she missed approximately five months from her job as a retail worker earning $12 per hour.

Laing sued TriMet, the rail system’s operator, and Gabe Sutherland, the train operator of the eastbound train. It was alleged that Sutherland had chosen not to sound a four-second audible warning as the train approached the platform. It was also maintained that Sutherland elected not to apply principles of defensive driving in the operation of the train.

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Sherri Miyagi, a dentist, was visiting a Walgreens pharmacy when she was injured by a hand truck operated by an employee of the defendant, Dean Transportation Inc. Dr. Miyagi filed a complaint, alleging negligence and respondeat superior against the defendant, Dean. Before the start of the jury trial, Dean admitted its negligence and a trial was held on the issues of causation and damages to the four elements of negligence.

Following the trial, the jury signed a verdict in favor of Dr. Miyagi for $2.4 million in noneconomic damages, $300,000 for past medical expenses, and $7.3 million for future medical expenses.

The defendant, Dean, filed a post-trial motion, seeking judgment notwithstanding the verdict, a new trial on all issues, a new trial on damages only, or in the alternative, a remittitur of all but $5,703.68 of the future medical expenses awarded by the jury. The trial court denied defendant’s request for a judgment notwithstanding the verdict and for a new trial. The trial court did, however, grant defendant’s request for a remittitur, but in the amount of $3.65 million, which represented 50% of the jury award for future medical expenses.

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Hussein Agiz was driving his motorcycle through a commercial warehousing complex owned by Heller Industrial Parks when a vehicle driven by Jonathan Bonilla struck Agiz. He was 18 years old.

Bonilla was drag racing at the time of the crash. Agiz sustained severe injuries, which included a brain contusion and amputation of his right arm and leg. He required eleven surgeries.

Agiz sued Bonilla and Heller Industrial Parks. Agiz claimed that drag racing occurred regularly within the complex as evidenced by multiple police reports over several years before the crash.

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A 24-year-old pastry chef, Emily Fredericks, rode her bicycle from her apartment to her job at a restaurant in Philadelphia in November 2017.  As she approached an intersection, a garbage truck driven alongside her by Jorge Fretts, an employee of the waste disposal company Gold Medal Environmental, prepared to make a right turn across her path.

About 40 feet from the intersection, Fretts had passed a road sign telling drivers to “Yield to Bikes.”

Fretts chose not to yield or even check his surroundings and made the turn without using his turn signal. The truck struck Emily’s bike, knocked her to the ground and ran over her, crushing her chest. She died from her injuries.

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Plaintiff Frank Russo filed a lawsuit against the defendant, Corey Steel Co., to recover damages for injuries he suffered when a crane struck a lift in which Russo was working at the defendant’s plant. Corey Steel admitted liability, and the matter proceeded to a trial before a jury to deliberate solely on the issue of damages.

Following the trial, the jury signed a verdict in favor of Russo for a total amount of $9.9 million in damages. Corey Steel retained additional counsel, and as a result, the trial judge who presided over the trial recused himself of the post-trial proceedings.

Corey Steel filed a post-trial motion for a new trial on several grounds. The post-trial judge granted defendant’s motion for a new trial based solely on defendant’s argument that the trial judge erroneously allowed one of plaintiff’s experts to offer an opinion on plaintiff’s need for one future surgery. The trial judge had allowed the plaintiff’s expert’s testimony to stand. The post-trial judge denied defendant’s post-trial motion on the other grounds raised in the motion.

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Anthony Taylor, 27, was a passenger in the back seat of a car. The car was stopped at a stop sign and then its driver proceeded through the intersection. Samantha Schillings’ car went through the other stop sign, causing a T-bone collision with the vehicle in which Taylor was sitting.

Taylor suffered a fractured spine at C5-6, which led to quadriplegia. Taylor, who also suffers from developmental disability, now requires 24-hour care.

Taylor sued Schilling, alleging negligent driving. Schilling admitted liability for the collision but disputed the plaintiff’s damages.

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Mary Lewis, Tashwan Banks and Kathleen O’Sullivan filed a class-action lawsuit on behalf of themselves and others similarly situated against Atlantic Richfield Co., ConAgra Grocery Products Inc., NL Industries Inc. and Sherwin-Williams Co. claiming that these entities engaged in civil conspiracy.

In addition, the plaintiff class consisted of parents or legal guardians who incurred expenses, allegations of liabilities in testing their children.

The children, between Aug. 18, 1995 and Feb. 19, 2008, were between six months and six years old. They lived in zip codes identified by the Illinois Department of Public Health as “high risk” areas for lead toxicity.

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Thomas Dempsey, 78, was driving his SUV on a busy four-lane highway during a cross-country trip. He exited the highway to use a restroom. His car approached a line of stopped cars, but he was unable to take his foot off the accelerator and swerved his SUV onto a grassy median, which led the SUV to accelerate and hit a deep drainage ditch.

In turn, Dempsey’s SUV became airborne and eventually landed on top of a truck driven by plaintiff Boris Woodard. The impact caused both the Dempsey SUV and the Woodard truck to cross two lanes of traffic and roll down an embankment.

Woodard suffered eye injuries and bruising. Much worse and tragic was the witnessing of the injury and subsequent death of Woodard’s 25-year-old daughter who was his passenger. Anna Woodard lapsed into a coma and was hospitalized for nine days after the crash before she died. She was a student who had hoped to work in childcare. She is survived by her parents. Her medical expenses were in the hundreds of thousands of dollars.

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The Illinois Appellate Court for the 1st District reversed and remanded a decision entered by a judge in the Circuit Court of Cook County. The issue on appeal was focused on a non-manufacturing defendant in a product-liability case. The defendant identified the manufacturer in order to be dismissed from strict liability in a tort claim. There was a question as to whether the manufacturer was not subject to the court’s jurisdiction and whether the plaintiff should be permitted to reinstate the non-manufacturing defendant.

In this case, Martin Cassidy was working at a warehouse when a flexible bulk container belonging to China Vitamins ripped and leaked, which made the entire stack of containers unstable. One of the stacked containers fell on Cassidy, injuring him.

In 2007, he filed a lawsuit against China Vitamins. The lawsuit alleged strict liability, negligent product liability and one count under res ipsa loquitur.

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In an uninsured motorist case, Holly Shakelford sued Allstate Fire & Casualty Insurance Co. for 9 percent interest on a $16,000 arbitration award. She was seeking the 9% statutory interest provided by Section 2-1303 of the Illinois Code of Civil Procedure.

A more accurate term for Section 2-1303 is the “Judgment Interest Statute,” the Supreme Court explained in Illinois State Toll Highway Authority v. Heritage Standard Bank, 157 Ill.2d 282 (1993). The law provides for 9% interest on arbitration awards, jury verdicts and reports from special masters – as part of the judgment entered on the award, verdict or report – running back to the date of the initial decision. In addition to providing 9% interest on judgments, Section 2-1303 also provides for prejudgment interest on awards, verdicts and reports.

This case was complicated because Shakelford’s claim was that the arbitrator ruled $16,000 was the “gross award,” subject to setoffs and liens “to be resolved by the parties and their attorneys.”  The second issue or twist to the case was that Shakelford sued without first applying for confirmation of the award under the Uniform Arbitration Act.

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