Articles Posted in Damages

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Zeng Guang Lin, a 20-year-old construction worker, was on a scaffold and installing metal siding on a building when he was asked to go to the roof to assist with a different job. Lin went to the roof wearing his safety harness but was unable to find a place to tie off. While Lin was on the roof he fell about 20 feet to the ground.

He suffered multiple, severe injuries including a closed-head injury, spinal fractures at L1-5, fractures to his scapula and several ribs, internal injuries, including a renal hematoma, a lung contusion and a lacerated spleen. He also suffered cervical and lumbar disk herniations.

Because of the closed-head injury, Lin developed encephalomalacia, which is the degeneration of the brain tissue resulting in memory loss, motor problems and impaired thought-processing and other cognitive functions. He is permanently disabled.

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Carol Keiser-Long’s claim for decreased earning capacity from an automobile accident she was involved in presented a question about her compensatory damages. She was never salaried or received dividends from her solely owned cattle-brokering business. The company, C-Bar, was set up as a separate entity, a C corporation.

She was the sole employee and left all of the profits in the company as retained earnings. She thought that the retained earnings would act as a retirement account that she would eventually start drawing on as income when she quit working. Retained earnings are generally taxable at the end of each calendar or fiscal year.

The car belonging to defendant Kirk Owens, alleged to have run through a stop sign while intoxicated, broadsided Keiser-Long’s vehicle on a rural road in Champaign County, Ill., and admitted liability before trial.

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