Articles Posted in Pedestrian Accidents

Joan Grove was standing at an intersection in downtown Pittsburgh during rush hour. She was in her fifties at the time. While a bus was attempting to pass another car near the intersection, the driver of that commuter bus came close to the curb where Grove stood. The bus struck Grove, and she fell to the ground.

While lying on the ground, the bus’s rear wheel ran over her right lower leg. Grove suffered a crush injury to that leg. She later developed a MRSA infection and osteomyelitis, which led to the amputation of her leg.

Grove sued the Port Authority of Allegheny County claiming that its driver chose not to keep a proper lookout during rush hour. The defendant maintained that Grove had stepped into the bus’s path by standing on the outside curb margin.

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On May 16, 2012, Jeremiah Guthrie was attempting to walk eastbound across Central Avenue just south of the intersection of Harrison Street in Chicago. He made it across one lane (the southbound right lane) when he was hit in the second lane (the southbound left lane) by the motorcyclist and defendant Jaroslaw Baranek, who was southbound.

Guthrie, 53, suffered fractures to his left ankle, tibia, fibula and wrist as well as a puncture wound to his left calf. His medical bills were $140,488. There was no claim for lost time from work.

The defendant stipulated to plaintiff’s injuries and medical expenses, but denied the defendant, a 32-year-old electrician, was at fault and contended that the plaintiff was more than 50% at fault for his own injuries because he crossed the street at mid-block.

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On Oct. 17, 2011, Margaret Baumrucker was walking to work when she was hit by a taxicab in a crosswalk at the intersection of Oak Park Avenue and Windsor in Berwyn, Ill. Baumrucker, 60, was a psychiatric nurse and sustained a rotator cuff tendinopathy and glenoid labral tear/shredding in her left shoulder, which was unoperated. She will require periodic physical therapy treatment for the rest of her life. At trial, Baumrucker presented $25,641 in medical expenses and 13 weeks of lost time from work totaling $22,100. She is now retired.

Baumrucker asserted that the defendant cab company, Express Cab Dispatch, was willful and wanton in its failure to properly vet and clear the defendant taxi driver Luis Leal before hiring him as a one of its drivers, including its failure to check his prior driving record and investigate his employment background. The cab company also chose not to provide any training for him after he was hired.

Leal started working for Express Cab just a couple of weeks before this occurrence, and he reportedly had a bad driving record. The defendants admitted negligence, but denied willful and wanton misconduct and denied that the plaintiff was permanently injured.

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Jimmy Garcia, a 67-year-old retiree, had a history of subdural hematoma and skull fracture, which had caused him temporary cognitive impairment.

Garcia was crossing a city street in a crosswalk when a floral truck owned and operated by George Seretis struck him after turning left out of a parking garage.  Garcia suffered a fractured rib cage and severe skull fractures, which caused intracranial hemorrhages and a traumatic brain injury.

He underwent emergency brain surgery and later received extensive inpatient and outpatient rehabilitation. He now suffers hearing loss and attends a therapy center with cognitive impairments. Garcia sued the floral business and Seretis, alleging Sereits chose not to yield the right-of-way to a pedestrian in the crosswalk or identify what was in front of his van to avoid the collision.

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On Nov. 13, 2007, Daniel Ruschke was walking southbound across Route 38 at the intersection with 3rd Street in Geneva, Ill., when he was hit in the crosswalk by the defendant Alexander Goloff Jr.’s car as it turned left from southbound 3d Street onto eastbound Route 38. Ruschke, 64, maintained that he sustained medial meniscus and lateral meniscus tears in his right knee with aggravation of pre-existing arthritis in the knee, which resulted in the need for arthroscopic surgery.

Ruschke also claimed a permanent right ankle injury. At trial Ruschke’s attorney submitted $28,078 in medical bills into evidence. Ruschke also cited an emergency appendectomy as part of his claimed injuries, but this was disproved during the discovery portion of the case.

The defendant Goloff admitted negligence and conceded plaintiff’s arthroscopic knee surgery was proximately caused by the accident.

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On March 13, 2011, Maria Ruth Garcia was walking northbound across Adams Street midblock near Des Plaines Street in Chicago when she was struck by the defendant’s backing car, which was allegedly going 40-50 mph in reverse. The defendant was Maureen O’Grady.

Garcia, 56, suffered a bump on her head as well as neck and back strains. She underwent 7 months of chiropractic treatments, which totaled in expenses $27,799.

O’Grady, 46, argued that she was driving westbound on Adams when she stopped at Old St. Patrick’s Church, where she backed up to access a parking lot on the south side of that street. She said she had only backed up a foot or two prior to contact with Garcia.

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On Feb. 2, 2012, Elliot Gonzalez was walking northbound across Erie Street at May Street in Chicago when he was hit in the crosswalk by Patrick Kennely’s pickup truck. Kennely was a commercial property manager and was making a left turn from northbound May Street onto Erie at the time of the accident.

The plaintiff, Elliot Gonzalez, 19 at the time, sustained three transverse process vertebral fractures, a sprained ankle, contusions and bruises. His medical bills totaled $32,627. He also missed a week and half of work as a cell phone salesman.

Kennely admitted liability but contested the plaintiff’s claims of damages. His attorney cross-examined Gonzalez’s treating physician and orthopedic surgeon for 4 ½ hours regarding the care and treatment he gave to the plaintiff. The jury apparently was persuaded by that round of cross-examination because its verdict of $29,565 was less than the offer to settle the case, which was $45,000.

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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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Allen Zunner got out of his car to pump gas at a convenience store gas station when he fell on black ice and diesel fuel, which had settled on the concrete pavement around the gas pump. Zunner, 53, suffered a massive torn right rotator cuff injury and underwent two surgeries.

Zunner’s medical expenses were more than $44,000. Although the second surgery was a success, Zunner has limited range of motion in his right shoulder. He also has scarring at the surgical site.

Zunner sued the convenience store claiming that it chose not to warn customers about the known leaky gas pump. The lawsuit also claimed a failure to maintain the gas pump and the surrounding area around it. There was no lost income claimed by  Zunner.

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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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