Articles Posted in Leg Injuries

Ricky Murphy rode his bicycle across the street at an intersection when a motor vehicle driven by the defendant Stephen Lane Hare collided with him. Murphy who was 49 at the time suffered a fractured left ankle and tibia.

Because of the fractures, his ankle developed necrosis, which will necessitate a future ankle fusion surgery or an ankle replacement. Murphy’s medical expenses totaled $44,000.

As a landscaper, he was earning approximately $20,000 per year.  Now he is unable to do that job and works as a Salvation Army intake clerk at a reduced salary.

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On May 23, 2008, the plaintiff in this case, Carla C. Hudson, 43, was stopped at a red light on northbound Walnut Lane at Golf Road in Schaumburg, Ill.  The pickup truck driven by the defendant Barry McDonald, a Schaumburg Park District employee, was stopped directly in front of Hudson’s vehicle.

The pickup truck was hauling a rowboat, which stuck out several feet behind the truck’s tailgate, blocking McDonald’s view.

Hudson contended the truck suddenly reversed without warning and backed into her car causing her injuries. She sustained ruptured tendons and 4th and 5th fingers of her right hand, which required surgery.  She also claimed an unoperated knee surgery and cervical/lumbar spinal injuries. Hudson brought a lost time from work claim of $9,540 as a Navy reservist. Her medical bills were $81,627.

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Darren Merlino, 47, worked for an electrical subcontractor. While working at a pump station, he fell 10 feet through an unguarded hole in the floor. Merlino suffered fractures to his left ribs, wrist and elbow and a torn left meniscus among other injuries. He now suffers from headaches, seizures and memory problems.

Merlino’s expenses were $127,000. He incurred lost income of about $1.43 million.

Merlino and his wife brought a lawsuit against the job’s general contractor, Powell Constructors, alleging that two of its employees wrongfully removed a metal grate from the floor and chose not to erect a barrier or place warning signs about the hole in the floor, in violation of state labor law and the common law.

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The Illinois Supreme Court has overturned the Illinois Appellate Court decision regarding the cap on self-insured rental car companies. The Supreme Court reversed a $600,000 judgment against Enterprise Rent-A-Car’s Chicago area’s subsidiary.

The Supreme Court ruled that self-insured rental car companies are liable for a maximum of $100,000 toward all injured parties in a rental car crash.

The decision of the Supreme Court was unanimous. In 2007, a crash in which an Enterprise vehicle was involved, injured at least two individuals. Enterprise paid $75,000 to two of the people involved in the crash. Enterprise argued that it had responsibility  to pay only an additional $25,000 allowed under the cap to the plaintiff.

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On Aug. 18, 2009, Douglas Anoman, a radio technician employed by Bartronics LLC, was working at the defendants’ Scrap Metal Services LLC and SMS Mill Services LLC steel mill in Burns Harbor, Ind. The purpose of working there was to service a crane radio. After Anoman removed the radio from the overhead crane cab, he fell while descending a 6-foot ladder and fractured his knee.

Anoman, 46, initially underwent open reduction internal fixation surgery with surgically inserted plates and screws, but eventually he required a total knee replacement arthroplasty.

Anoman maintained at trial that he expended $175,575 for medical expenses and lost $1,035,000 for past and future work and/or reduced earnings as a radio technician.

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Grayco Communications was installing cable at the home of Steven Thomas when a ladder became stuck. Thomas, a retired firefighter, climbed up the ladder to dislodge it. He fell, suffering a compound leg fracture.

As a result of the severe leg fracture, he developed a bone infection that later required a below-the-knee amputation.

In the lawsuit he filed, he alleged that Grayco Communications and its employee chose not to place the ladder in a safe position, properly brace the ladder and otherwise make it safe for Thomas to climb it.

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The Illinois Appellate Court for the 1st District has affirmed a trial court’s decision regarding a settlement. Gary Hines and Lisa O’Rourke were in Chicago visiting Hines’s father, Norman, near the end of 2012. As the visit was ending, Norman drove the two to the airport. When they arrived, Norman Hines and O’Rourke began to take their luggage out of the trunk. E. James Davis was in a parking space behind them trying to pull out. His foot became trapped between the gas pedal and brake and the car accelerated striking both Norman Hines and O’Rourke and pinning them against the car. Both Norman Hines and O’Rourke suffered severe injuries and filed a lawsuit against Davis.

Hines and O’Rourke hired a lawyer to represent both of them but filed separate lawsuits. When Hines died on May 20, 2013, David Hines and Diane Galante filed as special administrators of Norman Hines’s estate and continued the lawsuit on the estate’s behalf.

Davis offered $1.3 million, the limit of his policy of insurance, in exchange for dismissal of all of the claims for both plaintiffs. The plaintiffs were given 21 days to respond, and after the 21 days the lawyer told the judge that they had failed to reach an agreement.

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Sara Hendricks, 32, was driving her passenger vehicle through an intersection when Matthew Mullin, who was driving a farm truck hauling grain for his employer, pulled out from a stop sign into Hendricks’s path. Her car hit the side of the farm truck driven by Mullin.

Hendricks suffered fractures to her right ankle and femur near her knee. She underwent multiple ankle surgeries, including a fusion, and surgery to repair the femur fracture.

Hendricks’s past medical expenses totaled $276,000. She was a special education teacher and lost $69,000 in earnings because of her injuries. Because of the injuries and surgeries, Hendricks has a fused ankle, which has made it difficult for her to participate in activities requiring her to stand or walk for an extended period of time.

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In the early morning hours of April 19, 2010, Chantel Jobes was driving a vehicle alone and left the southbound lane of Highway 11, crossed the northbound lane and crashed into a concrete railroad trestle. Jobes was seriously injured and filed a lawsuit against the Norfolk Southern Railway Co., the Mississippi Transportation Commission and the Mississippi Department of Transportation. The trial judge denied the defendants’ motion for summary judgment. The Supreme Court of Mississippi granted the defendants’ request for an interlocutory appeal and that court entered summary judgment in their favor.

Jobes was working at TGI Fridays in Hattiesburg, Miss., when she started her shift as the manager at 4 p.m. on April 18, 2010. She finished her shift at approximately 1:30 a.m. the morning of April 19 and then went directly to a 24/7 gym nearby to work out, which was her normal routine. After about an hour at the gym, she headed to a friend’s house to celebrate his birthday. She does not remember the party, but her friends told her that she “didn’t want to finish the cocktail drink [she] had,” and she wanted to go home.

Jobes left the birthday party and drove toward her home. The crash described above occurred about 4:42 a.m. on April 19. The weather was clear and dry, and the crash injuries were life-threatening. Jobes was driving with a suspended license and was legally intoxicated and also had prescription anti-anxiety medication in her system. Jobes testified at her deposition that she had worked 3 straight weeks without a day off up until the crash. She could not remember a time when she had been more stressed.

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On May 8, 2009, Becky Lynch was driving her car eastbound on Route 9 in Fiatt, Ill., when the defendant truck driver, Myron Rachinski, pulling a flatbed trailer, was traveling southbound on Route 97

and chose not to stop at the stop sign. Rachinski and his truck proceeded into the intersection directly in front of Becky’s SUV. The intersection is known locally as Teddy Bear Junction.

Lynch’s SUV hit the middle of the trailer and became lodged underneath it causing it to be dragged 150 feet down the road.

Lynch, 50, suffered a broken left arm, which required surgery with plates and screws, pelvic fractures, left lateral tibial plateau fracture, bilateral pulmonary embolism and right knee replacement surgery three years later. She is expected to have a hip replacement and left knee surgery in the future.

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