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’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 admitted negligence and conceded plaintiff’s arthroscopic knee surgery was proximately caused by the accident.
The jury entered a verdict of $40,700 based on these damages:
• $12,700 for medical expenses;
• $20,000 for pain and suffering; and
• $8,000 for loss of normal life.
The attorney representing Ruschke was Daniel H. Streckert. Before trial, the demand to settle the case was $175,000. The jury was asked to return a verdict of $528,075. The only offer made to settle the case before trial was $28,482.
Daniel C. Ruschke v. AG, No. 09 L 670 (Kane County, Ill.).
Kreisman Law Offices has been handling automobile accident cases, pedestrian accident cases and truck accident cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Geneva, St. Charles, Aurora, Wheaton, South Barrington, South Holland, Alsip, River Forest, Oak Lawn, Oak Park, Palos Hills, Palatine, Prospect Heights and Crestwood, Ill.
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