Articles Posted in Lost Income

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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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Ricky Bottensek, 44, was working as a landscaper for his brother’s company, which turned out to be a third-party defendant in this case, Bottensek Inc. The job site was in Rochelle, Ill. On Feb. 28, 2008, the defendant, Fischer Excavating, was digging a trench for the installation of a stilt fence. The Fischer employee and defendant, Rod Hagemann, was operating a rented trenching machine, cutting a trench in the frozen ground.

Bottensek was working behind the machine, holding a fence stake steady while his co-worker waited to strike the stake with a sledgehammer to drive it into the trenched ground, when Hagemann lost control of the trenching machine causing the trencher and attached cutting chain to shift backwards. The cutting chain entangled one of Bottensek’s legs and pulled them partially through the rotating chain causing severe injuries to both of his legs.

He sustained an open fracture of the right femur, closed fractures of the left distal tibia and fibula with dislocation and a large complex degloving wound to his left lower leg, requiring multiple surgeries and probable future ankle fusion surgery.

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A Philadelphia jury entered a verdict of $55 million in damages after nine days of trial testimony in favor of Carlos Martinez who suffered paralysis in a car crash when his Honda SUV rolled over. Martinez’s head hit the roof of the vehicle in the rollover. There was evidence revealed during the discovery process that showed that Honda had determined that a seat-belted driver would strike his or her head on the roof in a rollover crash. The Honda vehicle, an Integra SUV, was not further tested by Honda to resolve that defect to protect drivers and passengers in rollover incidences.

The lawyer representing Martinez maintained that the injuries suffered could have been avoided by a safer design of the seat belt that was already in existence. It is hopeful that this verdict would send a message to Honda that it must correct the defect to the seat belt in this Honda vehicle.

The jury’s verdict of $55 million included $25 million for past and future damages, $14.6 million for medical expenses and $15 million that was assigned for the benefit of Martinez’s wife for loss of consortium.

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On Nov. 11, 2007, Daniel Heimbrodt was driving eastbound on Highway C in Burlington, Wis., when his car collided with the vehicle operated by Robert Jones, which was traveling northbound on Highway U. Jones had a stop sign at the intersection while Heimbrodt did not.

Jones erroneously believed that Heimbrodt had a stop sign. Heimbrodt, 20, was injured in the crash. He suffered a herniated disc at L4-5 with immediate pain and developing radiculopathy, which required physical therapy, pain injections and acupuncture as well as pain medication. Future surgery was recommended. Heimbrodt lost four months of work as a heavy equipment operator. His lost time from work totaled $41,088.

Heimbrodt did return to work full time after the four months off, but he has not missed any time since then; however, he claims he may need to change careers to a less physically demanding position.

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On Feb. 27, 2008, Michelle Eells, 39, was driving eastbound on Route 38 toward DeKalb, Ill., when an oncoming westbound pickup truck driven by the defendant, Dustin Grinstead, crossed the centerline near Kishwaukee Community College and crashed into her vehicle. The eastbound vehicle driven by Wayne Domin, who was working for Sysco, was driving behind Eells and subsequently rear-ended Eells’s car following the first impact between Eells and Grinstead.

Eells claimed that she injured her neck, back and right arm and hand, which resulted in three surgeries. She had an excision of ganglion cyst on the right hand/wrist and injection for DeQuervain’s tenosynovitis, right elbow surgical release of radial nerve entrapment and radial tunnel syndrome and cervical fusion, which occurred in September 2010. Eells also claimed that she can no longer work as a dental hygienist and is currently unemployed. She had claimed medical bills amounting to $167,582. She also claimed lost time from work at $111,691 and future lost time.

Eells sought to hold the defendants Grinstead and Domin/Sysco 50% each at fault. Grinstead had an automobile insurance policy limit of $100,000. According to the law, if Domin/Sysco was found at least 25% at fault they would be jointly liable for all of the damages.

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On Oct. 10, 2008, Joy Wyler, 51, was riding her motorcycle on Vollmer Road in Matteson, Ill.  Wyler was about to cross through the intersection at Central Avenue on a green light when the defendant, Ira Batt, made a right turn on a red light from Central. His car collided with her motorcycle, causing her injuries.  Wyler, who was an intensive care nurse at the University of Chicago Hospital, suffered a fractured right ankle and multiple fractures in her right foot, which required open reduction internal fixation surgery.

Wyler also developed post-traumatic arthritis and will require a future triple fusion procedure. She missed 13 months of work and will in the future miss an additional 6 months of work because of her surgeries and recovery.

Wyler argued that Batt did not yield the right-of-way at the intersection.  The defendant maintained that Wyler improperly changed lanes and chose not to keep a proper lookout.

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On July 17, 2009, Kristen Henson was driving in the left lane of northbound Illinois Interstate 94 in West Deerfield Township when a car driven by the defendant, Steven Teeters, rear-ended her car.  Henson, 35, was a retail purchaser. She alleged in her lawsuit that the crash caused headaches and soft tissue injuries to her neck, lower back, tailbone and pelvic area injuries. 

The headaches and neck injury healed shortly after the crash, but Henson claimed that the low back, tailbone and pelvic injuries were permanent and continued to cause pain and limitations in her daily activities.

The defendant, Steven Teeters, admitted that before the collision his eyes were closed briefly and therefore he did not notice that Henson’s car was moving slowly or slowing down.  Teeters said that because he had his eyes closed he didn’t react fast enough to avoid the impact. Teeters admitted fault, but contested the nature, extent, duration and causation of Henson’s injuries.

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On Oct. 20, 2009, Nazmi Nomat was driving eastbound on 167th Street in Hazel Crest, Ill., when a westbound van made a left turn on Western Avenue. The left front end struck the driver’s side of Nomat’s vehicle in the intersection.

Nomat, 47, suffered multiple disc herniations that required fusion surgery, cervical disc protrusion and herniations and a right ankle sprain.  Nomat incurred $913,793 in medical expenses. He also had over a $1 million in lost income as a butcher because of his injuries. 

The defendants argued that Nomat was not injured to the extent that he claimed. They also claimed that any objective finding pre-existed this crash, most of his medical care was unnecessary and he never intended to take the butcher job that was offered months before the date of the crash.  The defendants’ attorney recommended at trial a verdict of $50,000.

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