Articles Posted in Lost Income

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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Carl Rogers had been working at a tire plant owned by Kelly-Springfield Tire Co., which is a Goodyear Tire & Rubber Co. subsidiary. He started working at the plant in 1969 and left employment after just one year. He returned to work there in 1975, and he continued working through the mid-1980s. Rogers worked with various tire-building machines but also used asbestos-containing brake assemblies.

He was exposed to asbestos during his ongoing repair and replacement of asbestos pipe installation at the Goodyear plant.

In August 2008, he was diagnosed with mesothelioma as a result of being exposed to asbestos. He died the next year at the age of 60 survived by his wife and two adult daughters. His paid medical expenses stipulated at the jury trial were $170,000.

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Sandra Gibbs hired the defendant Blu-Sky Industries to do work on a septic tank on her property at 30658 S. Ashland Ave. in Beecher, Ill. The Village of Beecher is located in Chicago-area suburbs in Will County, Ill. On Dec. 8, 2009, Gibbs, 31 years old at the time, stood in her driveway supervising the work as the defendant Blu-Sky Industries’ workers completed the project. She was walking back toward her house when a Blu-Sky employee, Jacob Courtney, began backing up his truck, which was attached to a trailer.

Courtney did not see Gibbs and hit her twice, causing her to fall onto the trailer with a direct blow to her outstretched right arm. The truck continued in reverse with Gibbs halfway on the trailer and halfway on the ground for 10 additional feet before the truck finally stopped.

Gibbs suffered a right shoulder impingement with a partial thickness tear of the supraspinatus tendon in the rotator cuff, requiring injections and eventually surgery that consisted of arthroscopic distal clavicle excision and subacromial decompression. A subacromial decompression of the shoulder is a surgery designed to increase the size of the subacromial, which is designed to reduce the pressure on the muscle. In order to make room, the surgery involves cutting the ligament and shaving away the bone spur on the subacromial bone. This permits the muscle in that space to heal.

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On June 21, 2012, Matthew Lyman, 19, was driving his bicycle northbound on by the defendant, Thomas Garcia. Garcia’s car was traveling westbound on Congress Parkway. Matthew sustained a fractured left wrist, which required open reduction internal fixation with a plate and ten screws. A 3-inch surgical scar was left on his wrist, he had road rash on the left side of his torso and his left arm. He also suffered permanent discoloration of the skin on his left arm from the road rash.Lyman had $34,332 in medical expenses along with $3,800 in lost time from his job as a bicycle mechanic.

He argued that he entered the intersection (Congress and Michigan) on a green light and that the light was yellow when the crash occurred. The defendant Garcia argued that his light was green as he approached and entered the intersection and there were no vehicles or bikes when he entered it. Garcia maintained that Lyman ran a red light on his bike.

Garcia said Lyman and his friend, who was on another bike, were one-third of a block away from the intersection when their light changed to yellow. They decided to pedal faster to beat the light instead of slowing down and stopping. The light turned red prior to the crash, and Garcia could not see Lyman before the impact because Lyman came from his driver’s side behind the mirror, which was where the initial point of contact occurred.

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Pengxuan Diao rented a converted garage. An employee of Southern California Gas Co. arrived while Diao was sleeping to perform maintenance. The gas company employee opened a gas valve that activated an uncapped gas line running to the garage where Diao was sleeping. The Southern California Gas Co. employee left the property without ensuring that the line was free of leaks.

A leak in the gas line caused gas to accumulate in the garage. Two hours after the leak began, Diao awoke and lit a cigarette, which triggered the gas explosion.

Diao, age 24, suffered second and third-degree burns over more than 20% of his body, including his head, torso, arms and right leg. He also suffered a traumatic brain injury from lack of oxygen, the concussive force of the explosion and from the carbon monoxide poisoning.

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On May 8, 2011, Mason Brandstedter was driving on Route 59 in West Chicago, Ill., around 1:30 a.m. It was then that he discovered what appeared to be a dog, which was lying on the road and had clearly been injured. Brandstedter, 21, stopped his car facing southbound in the median turn lane and exited his car to see if he could help what amounted to a dying dog. Brandstedter recognized the dog and thought it belonged to a friend. Brandstedter and the dog were both partially in the northbound left lane and partly in the center turn lane.

Brandstedter was crouched down next to the dog talking on his cell phone with the dog’s owner, who Brandstedter knew, and with his back to approaching northbound traffic. He was hit by the defendant Richard Aubert’s car, which was northbound.

Brandstedter suffered a partially torn rotator cuff in his right shoulder and a partially torn labrum in his right hip, both of which required arthroscopic surgery. In addition to $85,776 in past medical expenses, he lost six months of work as a cabinet maker because of his injuries.

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On Nov. 25, 2008, Thomas J. Hagerman was driving westbound on Route 6 in Morris, Ill., when the defendant, Betty Leake, who was attempting to make a left turn onto Lisbon Street, chose not to yield the right-of-way. Instead, Leake turned directly in front of Hagerman’s truck, causing Hagerman to T-bone her vehicle.

Hagerman was 43 years old at the time and suffered injuries to his cervical and thoracic spine, which resulted in a three-level cervical discectomy and fusion surgeries. He lost one year of work as a security guard and warehouse worker.

Hagerman was able to return to his job, but later underwent two bilateral knee replacements unrelated to the crash. He has not been able to work since the knee replacement surgeries.

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Allen Ginn, the owner of a trucking company, drove his truck to a sawmill to unload the logs he was hauling. When he reached his designated unloading area, the mill employees instructed him to release the tie-down straps on his load. As he did that, a log fell onto him striking him directly on the head and back.

Ginn was 49 years old at the time and suffered a subdural hematoma, a subarachnoid hemorrhage and skull fractures. He also had spinal fractures at L1-3 and fractures to his right hip and the right side of his pelvis. He was in a coma for several days. He later went through a regimen of physical therapy and rehabilitation.

As a result of this incident, Ginn has suffered a brain injury, occasional seizures, memory loss and chronic fatigue. He will likely require supervision and assistance with daily living activities well into the future.

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Clarence Roach was a car man working for Union Pacific Railroad at the West Side rail yard in Chicago where commuters’ rail  cars are inspected and repaired. Roach was earning about $60,000 per year. On Feb. 1, 2008, Roach was hit by a train performing a “shove,” where a rail car was coupled to a commuter train that was being assembled.

Roach suffered several serious injuries, including “degloving” injury to the right leg, which tore the skin off the underlying tissue. Roach was treated by several doctors and then returned to work 13 months later on March 9, 2009.

On May 16, 2008, Roach filed a lawsuit against Union Pacific Railroad alleging negligence against Union Pacific. In March 2010, with his case still pending, Roach suffered a stroke. He died on May 14, 2010 at the age of 57.

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On July 11, 2008, Tenesha Martin, an employee of a railroad, was operating a forklift while unloading the truck’s trailer at Canadian Pacific Railway’s docking area in Chicago. The forklift fell off the loading dock when the unmanned truck, owned by the defendant Central Transport Inc., rolled away from the dock causing her to sustain disabling lumbar disc injuries.

The defendant, Soo Line Railroad, argued that the trucking company, Central Transport, was at fault, while the trucking company blamed the railroad. Both defendants argued that Martin was contributorily negligent for choosing not to exercise due care and caution.

The presiding trial judge allowed evidence of Martin’s marijuana use in 2010 based on her history, which was given to a psychiatrist in 2011.

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