Jury Verdicts

 

Publication: Cook County Jury Verdict Reporter Published: 1/6/2012
(DDD 12/6) PREMISES LIABILITY–SENIOR BREAKS HIP IN RESTAURANT’S BANQUET HALL  (8)
Richard Zilka v Chef’s Inn Ltd., d/b/a New Warsaw Restaurant, Teresa Marcinowska 10L-522 Tried Nov. 17-21, 2011
Verdict: Not Guilty
Judge: James Michael Varga (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: none  ASKED: $206,040
Deft Atty(s): Thomas J. Olson of Daniel G. Suber & Associates for both defts (Illinois Casualty) OFFER:  none
Pltf Medl: Dr. Joyce Tarbet (Orthopedist)
Deft Expert(s): Dr. Mark J. Sokolowski, 1 Erie Court, #7010, Oak Park, IL (708-763-2225) (Orthopedist)  for both defts
June 13, 2008, pltf M-79 retiree attended a group luncheon in the banquet hall at New Warsaw Restaurant, 6250 W. 63rd St., Chicago. The banquet hall was partially divided by a wooden room divider to close off the portion (half) of the hall that was not needed by pltf’s party. Pltf got up from his seat and decided to cut through the room divider, which did not lock or latch, by opening the divider. A woman had just walked through the room divider moments before, leaving the divider partially open. Pltf contended he pushed the divider to open it more so he could pass through, but the divider did not lock up like other room dividers he had previously encountered and instead it opened very quickly and collapsed, causing him to fall. He sustained a fractured right hip requiring hip replacement surgery, followed by rehab. During his stay at the rehab facility, he developed open bedsores on his heels, which remained problematic for several months ($106,040 medl. bills). Eventually, pltf was able to walk without a walker approximately six months after the fall, but cannot walk as long as he could prior to the occurrence. The defense argued that the pltf fell due to his own negligence and due to his weak legs which caused falls both before and after the occurrence.

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Publication: Cook County Jury Verdict Reporter Published: 10/14/2011
(CCC 52/10) DRAMSHOP/ASSAULT–BEANED BY BEER BOTTLE AT BAR’S “BAD BOY BILL” BASH  (10A)
Sergio Cisneros v Big Chicago Inc., d/b/a Crobar 08L-4533 Tried Aug. 11-18, 2011
Verdict: $136,947 ($36,947 medical expenses; $100,000 pain & suffering; $0 loss of normal life; $0 disfigurement) on dramshop Count; Not Guilty on negligence count. Special Interrogatories: Did pltf contribute to intoxication? “No.” Was the assault reasonably foreseeable? “No.” Was assailant the sole proximate cause of pltf’s injuries? “Yes.” Judge Varga reduced the award to the dramshop maximum of $56,302.
Judge: James Michael Varga (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: $56,302  ASKED: $295,000
Deft Atty(s): Matthew G. Burke of Heineke & Burke (Illinois Casualty) OFFER: $7,500
Pltf Medl: Dr. Ryan Scott Hays (Neurologist) and Dr. Marc Dahman (Emergency Medicine)
May 27, 2007, pltf M-38 went to Crobar nightclub at 1543 N. Kingsbury St., Chicago, to watch a performance by a famous DJ known as Bad Boy Bill. Pltf started talking to the girlfriend of former deft Jose Sanchez, who became intoxicated and struck pltf in the head two times with a beer bottle. Pltf sustained a 2-3 inch scar on his forehead, 2-3 inch scar on the back of his head under his hair, post-concussion syndrome, difficulty concentrating, difficulty with word choice, and headaches ($36,947 medl., no LT). Pltf sued the nightclub on both a dram shop claim and a negligence claim alleging inadequate security. The defense contended the assailant was not intoxicated, the assailant (Sanchez) was the sole proximate cause, pltf contributed to the proximate cause, and he was not injured to the extent claimed. Both sides have post-trial motions pending.

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Publication: Settlements by Category Published: 10/29/2010
(SCCC b/20)  (8)  05L-13391
Settlement: $950,000 (IL Cook-Law)
Pltf Atty(s): Scott A. Blumenshine and Corey E. Meyer of Meyer & Blumenshine
August 20, 2005 M-58 anesthesiologist’s heel caught on a mat in front of an elevator under construction in the Norwegian American Hospital lobby as he was arriving at work, causing him to fall backward into a couch and strike his neck, suffering C4 epidural hematoma and quadriplegia ($1,100,000 medl., $260,000 LT per year). Pltf also alleged spoliation against Norwegian for losing the mat. XL/Greenwich Insurance paid on behalf of Phoenix Elevator Concepts. Summary judgment granted to Norwegian American five days before trial, which is being appealed.

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Publication: Cook County Jury Verdict Reporter Published: 5/28/2010
(BBB 33/2) MEDICAL MALPR.–DELAYED DIAGNOSIS AND TREATMENT FOR BLEEDING ULCERS  (12F)
Estate of Cletus Reeder, deceased v Dr. Ashok Shah 07L-12027 (refiled from 04L-914) Tried Mar. 3-12, 2010
Verdict: Not Guilty
Judge: James P. McCarthy (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: none  ASKED: $850,000
Deft Atty(s): Randall J. Gudmundson and Lisa M. Green of Kominiarek, Bresler, Harvick & Gudmundson (ISMIE) OFFER:  none
Pltf Medl: Dr. Tamara Djurisic (Family Practice) and Dr. Kamran Heydarpour (Gastroenterologist)
Deft Medl: Dr. Ramesh Rao (General Surgeon)
Pltf Expert(s): Dr. Robert Rubin, 233 Greenway Road, Lido Beach, NY (516-431-1300) (Thoracic Surgeon) and Dr. Stephen A. Huffman (Family Practice)
Deft Expert(s): Dr. Steven J. Fox (Internist) and Dr. David E. Mahon (General Surgeon)
Jan. 13, 2002, Cletus Reeder M-74 was admitted to St. Elizabeth’s Hospital in respiratory crisis; he had a history of chronic obstructive pulmonary disease (COPD). Deft Dr. Shah was his primary care physician as well as the attending physician for the hospitalization. Reeder was placed in ICU and mechanically ventilated for several days under the care of a pulmonologist, after which he was weaned from the ventilator and transferred to the telemetry unit on Jan. 17. Later the next day, Reeder began to have diarrhea and then black stools. Dr. Shah was informed of the patient’s condition and ordered a gastroenterology consult. The GI consult was called, but Reeder had significant hypotension and anemia. Blood transfusions were started, but the patient coded early the next morning, Jan. 19, 2002. A subsequent EGD (esophagogastroduodenoscopy) revealed a bleeding ulcer in the stomach, which was cauterized. However, aggressive blood replacement failed to improve the patient’s blood pressure and anemia, so a second EGD was performed which revealed another bleeding ulcer in the third part of the duodenum. Reeder never recovered from the extensive bleeding and died on Jan. 24, 2002, survived by his wife (who died several years later) and three children. Pltf contended Dr. Shah should have called for a surgical consultation in addition to the GI consult when he was first notified that the patient may have had GI bleeding; pltf claimed the surgeon would have operated to stop the bleeding. The defense asserted Dr. Shah acted appropriately in requesting a GI consult to first identify the location of the bleeding and then to treat it via EGD before calling for a surgical consult; the defense maintained that even had a surgeon been called and operated, the surgeon would not have identified the second ulcer in the duodenum and the outcome would not have changed. The jury deliberated 1 hour with lunch.

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Publication: Cook County Jury Verdict Reporter Published: 1/8/2010
(BBB 13/6) MOTORCYCLE–CUT OFF BY SENIOR’S TURNING CAR–CRASH TOTALS BOTH VEHICLES  (1M)
Mark Mahmalji v Donna J. Vitale 07L-5058 (refiled from 04L-10684) Tried Nov. 12-18, 2009
Verdict: $2,500 after 50% off $5,000 ($2,500 past and future pain & suffering; $2,500 past and future loss of normal life). Special Interrogatory: Was pltf’s contributory negligence more than 50% of the total proximate cause of his injury? “No.”
Judge: Arnette R. Hubbard (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: $100,000 policy  ASKED: $250,000
Deft Atty(s): Robert K. Scott of Scott, Halsted & Babetch (State Farm) OFFER:  none
Pltf Medl: Dr. Alvin Goldberg (General Practitioner) and Dr. Michael Haak (Orthopedist)
Deft Expert(s): Dr. Avi Bernstein (Orthopedist)
Sept. 23, 2002, pltf M-33 was operating a Yamaha 1100 motorcycle westbound on 111th St. in Worth when deft exited a strip mall on the north side of the street near Normandy Ave. and attempted to make a left turn onto eastbound 111th. As deft F-71 retiree crossed over the westbound lanes, her car was struck by the motorcycle on the driver’s side rear quarter panel. Pltf was thrown from his bike, flew over deft’s station wagon, and landed 30 feet away; the motorcycle and the car were both totaled in the crash. Pltf claimed the accident caused him to sustain a herniated disc at L4-5 with discectomy and fusion recommended but unoperated to date, bulging discs at C3-4 and C5-6, and soft tissue injuries to his right knee and left elbow. The defense contended pltf was speeding because he was late for a 9:30 a.m. court appearance at the Bridgeview courthouse. Worth police measured a 25-ft long black skid mark from the motorcycle in the left westbound lane, and the defense argued pltf was going well in excess of the 30 mph speed limit based upon the skid mark, the damage to the vehicles, and testimony from witnesses. The defense further maintained that pltf could have moved into the open right westbound lane to avoid the crash. Defense expert Dr. Bernstein testified that the pltf had degenerative changes in his neck and low back, he was not a surgical candidate, and pltf attempted to manipulate his medical exam with Dr. Bernstein for the purposes of secondary gain.

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Publication: Cook County Jury Verdict Reporter Published: 11/20/2009
(BBB 6/5) STREET HAZARD–FALL ON SIDEWALK HOLE WHILE RUNNING IN THE DARK  (9)
Alicia Mayze v City of Chicago 08L-3753 (refiled from 05L-10915) Tried Oct. 19-20, 2009
Verdict: Not Guilty. Special Interrogatories: Did the condition of the property at 4252 W. Haddon present an unreasonable risk of harm to people on the property? “No.” Was Alicia Mayze’s contributory negligence more than 50% of the total proximate cause of the accident? “Yes.” Before Oct. 9, 2004, did the City of Chicago know, or in the exercise of ordinary care should it have known, of both the condition and the risk of harm it posed? “No.”
Judge: Thomas E. Flanagan (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: $15,000  ASKED: $205,519
Deft Atty(s): Daniel J. Wangler and Tina L. Garrett of Chicago Corporation Counsel (SELF-INSURED) OFFER:  none
Pltf Medl: Dr. Mark P. Cavalenes (Orthopedist)
Oct. 9, 2004, pltf F-24 was walking to a candy store with her two young nieces and another child. They were heading westbound on the north side of the 4200 block of West Haddon Avenue around 8:00 p.m. (after dark) when they all started to run. Pltf was running ahead of the others when her right foot got caught in a hole in the sidewalk in front of 4252 W. Haddon, causing her to stumble and fall to the ground. She sustained a mid-shaft fracture of her right femur with 100% displacement, requiring surgery with placement of a rod and three screws ($2,508 medl., $8,678 LT 9 months). Pltf estimated the hole was about two inches deep and took photos of it, but never actually measured the condition. The defense contended the condition did not present an unreasonable risk of harm, the City had no actual or constructive notice of the condition, the condition was open and obvious making it easily identified if pltf had been looking where she was stepping, and pltf was the proximate cause of her fall as well as contributorily negligent since she freely admitted that she was only looking straight ahead and not at the ground in front of her just before she fell.

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Publication: Cook County Jury Verdict Reporter Published: 8/14/2009
(AAA 44/3) DRAMSHOP–TWO CUSTOMERS SHOT IN PARKING LOT WHILE LEAVING SUBURBAN BAR  (10A)
John White, Joe Laury v Manny’s Blue Room Inc. 06L-2656 consol. w/05L-8713 Tried May 20-26, 2009
Verdict: $249,538: $217,591 to John White ($75,000 pain & suffering; $50,000 disability; $25,000 disfigurement; $67,591 medical expenses); $31,948 to Joe Laury ($15,000 pain & suffering; $10,000 disability; $6,948 medical expenses; $0 disfigurement). Special Interrogatories: Was the conduct of the deft a proximate cause of the alleged injuries to pltfs? “Yes.” Was AIP Donnie Burton’s alleged intoxication at least one cause of the occurrence in question? “Yes.”
Judge: Sheldon A. Harris (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine for White DEMAND: JW $225,000  ASKED: JW $303,591; Lawrence P. Maya of Deer, Stone & Maya for Laury DEMAND: JL $25,000  ASKED: JL $146,948
Deft Atty(s): Robert M. Burke, Jr. of Heineke & Burke (Illinois Casualty; Burlington Insurance) OFFER: $7,500, $9,000
Pltf Medl: Dr. Jose Perez-Sanz (Orthopedist) for White
March 16, 2005, pltfs were exiting deft’s bar in Robbins, IL, when they were struck by gunfire in the parking lot. The shooter, Donnie Burton, was intoxicated after drinking at deft’s bar and had been ejected from the bar about an hour earlier. Pltf M-38 White sustained three gunshot wounds, one of which fractured his right femur requiring surgical repair, causing scarring and disability in walking ($67,591 medl.); Laury suffered one gunshot wound with scarring and temporary disability in walking ($6,948 medl. bills). Pltfs contended deft was negligent in supervising the premises and violated the Illinois Dram Shop Act. The defense denied liability because the assailant (Burton) went out to his car to get the gun, there were other shooters involved in the incident who were never inside deft’s bar, and Burton did not drink at deft’s bar. The jury deliberated 30 minutes and found in favor of pltfs on both the dramshop and negligence counts.

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Publication: Cook County Jury Verdict Reporter Published: 8/7/2009
(AAA 43/3) HEAD ON–TRUCK/AUTO–EACH DRIVER CLAIMS THE OTHER CROSSED CENTER LINE  (1A)
Maritza Mendez v Wangerin Trucking Co. Inc., Gerald Gustafson 06L-2139 Tried May 1-11, 2009
Verdict: Not Guilty
Judge: Cheryl A. Starks (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: $2,000,000  ASKED: $3,250,000
Deft Atty(s): Joel D. Groenewold of Kopka, Pinkus, Dolin & Eads for both defts (Acuity) OFFER: $25,000
Pltf Medl: Dr. Steven I. Rabin (Orthopedist), Dr. James M. Kelly (Pain Management), Dr. John A. Hamby (General Surgeon) and Dr. John Nikoleit (Orthopedist)
Deft Expert(s): G. Stanley Sangdahl, P.E. (Accident Reconstruction) and Dr. James Boscardin (Orthopedist)  for both defts
Nov. 30, 2004, pltf’s southbound Pontiac Grand Am and deft’s northbound truck were in a head-on collision on Northwest Ave. in Northlake. Pltf’s car was totalled, she was rendered unconscious, and she had to be removed from her vehicle with Jaws of Life equipment; the truck also sustained extensive property damage. Pltf F-41 suffered a complex displaced open right ankle fracture which required four surgeries including open reduction internal fixation and eventual fusion of the subtalar joint; she also suffered a fractured right calcaneus (heel), severe facial laceration requiring over 30 stitches, unspecified pelvis/hip injury requiring numerous injections, and aggravation of pre-existing lumbar condition (three prior surgeries) causing radiating back pain and insertion of a permanent spinal stimulator implant ($452,286 medl., $150,000 LT 4.5 years as customer service agent for United Airlines). Pltf, who has ongoing complaints of pain in her hip, back and ankle, contended deft truck driver crossed over the center line. Deft M-44 truck driver maintained pltf crossed the center line and he was veering to his right to avoid contact as she crossed over. The defense asserted photos of the scene supported deft’s claim, and further argued that pltf’s back injury and neurostimulator implant were due to her pre-existing condition. The jury reportedly deliberated for just under 2 hours, including lunch.

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Publication: Cook County Jury Verdict Reporter Published: 9/5/2008
(ZZ 47/6) TRAFFIC LIGHT–DEFENSE ADMITS NEGLIGENCE FOR DEFT RUNNING RED LIGHT  (1G)
LaTanya Bolton v Tami B. Theriault 06L-11170 Tried Jul. 18-22, 2008
Verdict: $24,250 ($16,500 medical expenses; $6,000 LT; $1,500 pain & suffering; $250 loss of normal life)
Judge: Deborah M. Dooling (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: $150,000 – $100,000 (indicated)  ASKED: $137,145
Deft Atty(s): Ken E. Klimczak of Bruce Farrel Dorn & Associates (State Farm) OFFER: $6,000
Pltf Medl: Dr. Holly Carobene (Pain Management), Dr. Meena Patel (Rehab/Physical Medicine) and Diane Barton, D.C. (Chiropractor)
Deft Medl: Dr. Cyrus Akrami (Emergency Medicine)
June 27, 2005, pltf was driving eastbound on 135th St. in Crestwood when southbound deft disobeyed a red light and collided with her vehicle in the intersection of 135th and Kostner/Cal-Sag Road. Pltf F-32 claimed cervical and lumbar radiculopathy requiring six epidural injections, plus sacroiliac joint dysfunction ($37,145 medl., $25,000 LT 6 months as I.T. supervisor). Defense admitted negligence but denied extent of injury.

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Publication: Illinois Jury Verdict Reporter Published: 8/25/2006
(06 Jy/4) MEDICAL MALPRACTICE–DOCTOR NOT LIABLE FOR NEWBORN’S BRAIN INJURY  (12B)
Kaitlyn Nielsen, minor v Dr. Taek Y. Kim 00L-852 Tried Mar. 21-Apr. 13, 2006
Verdict: Not Guilty. Hinsdale Hospital, originally a co-deft, settled with pltf for $1.2 million before trial and another original co-deft Dr. Mario Yu was voluntarily dismissed about a year prior to trial.
Judge: Terence M. Sheen (IL, Du Page 18th Jud Cir)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine and Kenneth H. Levinson of Joseph, Lichtenstein & Levinson DEMAND: $1,000,000  ASKED: $8,250,000
Deft Atty(s): William F. Cunningham and Robert L. Larsen of Cunningham, Meyer & Vedrine (Wheaton) (Pro National Ins.) OFFER:  none
Pltf Medl: Dr. Barry Sadegi (Ob/Gyn), Dr. Michael Macken (Neurophysiology), Dr. Matthew Bueche (Pediatric Orthopedist), Dr. Kevin Miller (Anesthesiologist) and Dr. Mario C. Yu (Ob/Gyn)
Deft Medl: Dr. James Rohrbaugh (Pediatric Neurology) and Dr. Richard E. Besinger (Maternal & Fetal Medicine)
Pltf Expert(s): Dr. Robert David Eden (Ob/Gyn), Dr. Mary Edwards-Brown (Pediatric Neuroradiologist), Dr. Robert Lerer (Pediatrician), Dr. Robert A. Zimmerman (Pediatric Neuroradiologist) and William H. Burke, Ph.D. (Life Care Planner)
Deft Expert(s): Dr. William E. Petrando (Ob/Gyn), Dr. Carolyn Salafia (Pathologist), Dr. Frank Manning of New York Downtown Hospital, 170 William St., New York, NY (212-312-5880) (Ob/Gyn), Dr. Mark S. Scher (Pediatric Neurology) and Dr. Leonard Valentino of Rush University Medical Center, 1725 W. Harrison St. Suite 710, Chicago, IL (312-942-5983) (Pediatric Hematology)
March 29, 1993, Cassandra Nielsen, 19 years old and pregnant with minor pltf Kaitlyn, came to Hinsdale Hospital at about 2:40 p.m. Cassandra had received prenatal care through various sources, including the DuPage County Public Health Department and Dr. Mario Yu. Dr. Yu had been caring for her for the last month before she came to the hospital, but was on vacation on March 29. Deft Dr. Kim was covering for Dr. Yu that day, but had no previous experience with or knowledge about Cassandra Nielsen before she came to the hospital, where he first saw her at about 3:30 p.m. At that time, nurses had already examined her, but were having a difficult time picking up a fetal heart rate on the monitor, due to the expectant mother’s obesity. What monitoring they were able to achieve showed a normal heart rate, but with poor variability. Ms. Nielsen admitted smoking about a half pack of cigarettes per day throughout her pregnancy, even smoking on her way to the hospital. Dr. Kim ordered an oxytocin challenge test to determine whether or not the baby was likely to survive a vaginal birth; the test was performed at 3:40 p.m. and suggested the child would not do well in those circumstances. Dr. Kim admitted Cassandra to the hospital shortly after 5 p.m. and made the decision to deliver her baby by C-section. As he had no prenatal records available to him, he ordered a Biophysical Profile which is a comprehensive evaluation of the fetus to determine viability. Kaitlyn scored a zero out of 10, specifically, there was severe oligohydramnios or lack of amniotic fluid, severe intrauterine growth retardation, poor fetal breathing, almost no fetal movement and very flaccid tone of the child. There was also evidence of some cord compression, with reduced umbilical flow. All of this suggested severe intrauterine compromise of a long-standing nature and that the baby was going to be severely damaged. Dr. Kim scheduled a C-section for 10 p.m., but its start was delayed because of administration of a spinal anesthesia and the surgery actually began at 11 p.m. Kaitlyn was delivered at 11:22 p.m. She had a low birth weight of 4 pounds, 15 ounces and her head was small for her gestational age, suggesting microcephaly. She had an Apgar score of 1 at birth, indicating she had been close to dying in utero. She developed seizures and required intubation and ventilation for resuscitation. She is a severely brain damaged child (cerebral palsy) who requires around the clock care and will require that level of care for life. Pltf’s contention was Dr. Kim should have taken steps to deliver the baby earlier and the devastating brain injury occurred during the delay before the start of the C-section, when the baby was not being monitored. Deft doctor maintained the baby was injured before her mother ever arrived at the hospital that day and came under Dr. Kim’s care.

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Publication: Cook County Jury Verdict Reporter Published: 12/9/2005
(XX 8/6) PEDESTRIAN–TEEN TALKING ON CELL PHONE STRUCK BY SPEEDING SENIOR  (3A)
Tiara Thomas v Eddie Rhodes 03L-15818 Tried Oct. 24-26, 2005
Verdict: $2,000 after 90% off $20,000 ($14,000 medical expenses; $6,000 LT; $0 P&S; $0 loss of normal life)
Judge: Maureen Durkin Roy (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: $60,000  ASKED: $90,000
Deft Atty(s): Christopher R. Johnston of Querrey & Harrow (State Farm) OFFER: $7,500
Pltf Medl: Melvin D’Souza, D.C. (Chiropractor) and Dr. John Joseph O’Keefe (Orthopedist)
April 18, 2002, pltf westbound pedestrian crossing the street at 13th and Michigan claimed northbound deft was going too fast and struck her in the crosswalk. Pltf F-19 sustained soft tissue injuries to her neck, shoulders, back, arm and wrist ($14,300 medl., $6,000 LT 4 months as clerk at Jewel and factory worker at Avon). Deft M-77 retiree said he did not see pltf until impact and claimed he was able to brake. Deft pled guilty in traffic court to tickets for striking a pedestrian in a crosswalk and for negligent driving. Defense contended pltf was distracted because she was talking on her cell phone while crossing the street.

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Publication: Cook County Jury Verdict Reporter Published: 12/2/2005
(XX 7/3) TRAFFIC LIGHTS–DRIVER EJECTED UPON IMPACT–DEFT CARNY MISSES TRIAL  (1G)
Betty Kedziora v Nicholas E. France 03L-6045 (refiled from 98L-1445) Tried Sep. 26-Oct. 3, 2005
Verdict: Not Guilty. Special Interrogatory: Was pltf’s negligence more than 50% of the total proximate cause? “Yes.”
Judge: Deborah M. Dooling (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: $1,000,000 policy  ASKED: $1,800,000
Deft Atty(s): Gregory J. Bird of Williams, Montgomery & John (Transamerica Insurance) OFFER:  none
Pltf Medl: Dr. William J. Hopkinson (Orthopedist), Dr. Victor Lewis (Orthopedist), Dr. James P. Kelly (Neurologist), Dr. Kimball Maull (Trauma Surgeon) and Dr. Peter Rantis, Jr. (General Surgeon)
Oct. 1, 1997, pltf driving eastbound on Woodfield Rd. in Schaumburg claimed she was making a right turn onto southbound Frontage Rd. when deft M-32 truck driver ran a red light on southbound Frontage, causing the front of deft’s gravel hauling truck to strike the front driver’s side of pltf’s car at 40 mph in the right lane. Pltf F-29, who was ejected from her vehicle, sustained a closed head injury with permanent residual right side hemiparesis and foot drop; she was comatose for ten days following the occurrence. She also suffered fractures to her right clavicle, ribs, orbital bone and nose, lacerated liver, pneumothorax, kidney failure necessitating dialysis, numerous full-thickness lacerations, multiple plastic surgeries to nose and lip, and internal derangement of knee and elbow ($355,971 medl., $112,250 LT as mortgage broker). Defense contended pltf ran a red light and entered the center southbound lane. There were reportedly numerous conflicting pre-, post- and occurrence witnesses. The deft was a convicted felon (theft by deception and possession with intent to distribute). In the first trial of this case in 2002, Judge Edward R. Burr excluded evidence of the convictions, deciding that substantial prejudice outweighed probative value. The jury at that trial returned a Not Guilty verdict (reported at TT 32/3). However, in a post-trial ruling Judge Burr reversed his decision regarding the exclusion of evidence, finding that he abused his own discretion, and ordered a new trial. The first trial also included an additional deft, the owner of deft’s truck. At this second trial, Judge Dooling permitted the jury to hear evidence of the deft’s prior convictions. Defense counsel reports that the deft did not attend the trial and was traveling with a carnival as a carny at the time of trial, and his testimony was submitted via videotaped evidence deposition. Jury deliberated 1.5 days.

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Publication: Settlements by Category Published: 12/30/2004
(SWW d/33)  (12S)  98L-5189
Settlement: $3,000,000 (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine for Brandon
Brandon and Patricia were born prematurely on Dec. 3, 1997 at 27-weeks gestation. Over their parents’ objections, the babies were discharged from UIC Medical Center on Jan. 30, 1998 at the direction of neonatologist Dr. John Paton. At that time, the twins weighed roughly 3.5 lbs each, required medication and 24-hr oxygen due to breathing problems, and were receiving at least half of their food intake by tube. Neither a home apnea monitor nor nursing assistance was ordered. Less than 36 hours after discharge, Patricia became blue and unresponsive while being fed. Paramedics revived her, but she did not recover, and died at Children’s Memorial on Feb. 24. Meanwhile, on February 2, Brandon stopped breathing during a tube feeding and died shortly thereafter. Paid by Univ. of Illinois Chicago Medical Center on behalf of Dr. John Paton.

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Publication: Cook County Jury Verdict Reporter Published: 4/30/2004
(VV 29/4) BICYCLE–SENIOR RIDING ON SIDEWALK BIKE PATH KILLED BY TURNING CAR  (1O)
Estate of Chester J. Kwasnik, deceased v Evelyn Skyles, Russell L. Skyles D.D.S. Ltd. 02L-13997 Tried Feb. 17-23, 2004
Verdict: $250,000 after 50% off $500,000 v both defts ($50,000 Survival Action conscious pain & suffering; $450,000 to widow for loss of society and companionship; $0 to two adult children)
Judge: Lynn M. Egan (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: $750,000  ASKED: $2,300,000
Deft Atty(s): James Bartlett of Stellato & Schwartz for both defts (USAA) OFFER: $310,000 total
Pltf Medl: Dr. Cesar Romero (Trauma Surgeon)
Sept. 30, 2002, Chester Kwasnik was riding a bicycle on a sidewalk designated as a bike path on the east side of Emerson St. in downtown Mount Prospect when he was struck by deft’s southbound car as it made a left turn (east) into a bank parking lot driveway. M-74 retiree fell off bike and hit his head, suffering massive diffuse hematoma of brain with basal skull fracture which resulted in his death within 16 hours; he had remained conscious for 1.5 hours. Deft F-58 was heading to the bank to make a deposit on behalf of her husband’s dental corporation, so the corporation was sued on agency theory. Defense denied negligence, contended bike emerged from dark shadow cast by adjacent building, and argued that Chester was contributorily negligent. Settlement offer included $300,000 policy limit and $10,000 in personal assets.

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Publication: Cook County Jury Verdict Reporter Published: 7/26/2002
(TT 41/9) REAR END–THREE CAR–SEAMSTRESS CLAIMS CO-WORKER CAUSED COLLISION  (1D)
Franca Bove v King Oi Cho 99L-911 Tried May 1-3, 2002
Verdict: Not Guilty
Judge: Richard B. Berland (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: $50,000  ASKED: $118,000
Deft Atty(s): Jerome M. Sonnefeldt of Querrey & Harrow (State Farm) OFFER:  none
Pltf Medl: David L. Chen, D.C. (Chiropractor) and Dr. Jose Medina (Neurologist)
Deft Expert(s): Dr. Samuel J. Chmell (Orthopedist)
Jan. 24, 1997, pltf claimed she was rear-ended by deft’s vehicle and pushed into car ahead on southbound Dee Rd. in Park Ridge. Pltf F-45 claimed the impact caused soft tissue injury, herniated cervical disc, bulging lumbar disc and radiculopathy ($11,082 medl., $1,000 LT 2 weeks as seamstress). Defense contended that pltf rear-ended the head car first with a heavy impact and was then hit by deft in a light impact. Pltf denied hitting lead car first, but investigating police officer testified that pltf concurred that she struck the lead car before being hit by deft. Defense also contested pltf’s injury claim since there was no injury at scene and pltf did not seek medical attention until one month after collision. Defense expert opined that the one month delay in treatment was indicative of no injury from accident and that all subsequent symptoms were due to pltf’s pre-existing spinal degeneration. Pltf and deft are co-workers; deft F-45 seamstress testified through a Cantonese interpreter.

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Publication: Illinois Jury Verdict Reporter Published: 7/15/2002
(02 Jn/10) STOP SIGN–MOTHER AND DAUGHTER KILLED IN WINNEBAGO COUNTY  (1F)
Estate of Tammy Jenkins, deceased, Estate of Erin Jenkins, deceased minor, Lisa Jenkins, minor, Jonathan Jenkins, minor, Adam Jenkins, minor v Bradley D. Maynard, Winnebago County Forest Preserve District 96L-287 Tried Jun. 10-14, 2002
Verdict: Not Guilty to Tammy v both defts; Not Guilty to Erin v both defts; Not Guilty to Lisa v both defts; Not Guilty to Jonathan v both defts; Not Guilty to Adam v both defts
Judge: Ronald L. Pirrello (IL, Winnebago 17th Jud Cir)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine and Mark P. Loftus for all pltfs DEMAND: $100,000 total  ASKED: $1,500,000 total
Deft Atty(s): Richard M. Jacobson of Ashman & Stein for both defts (SELF-INSURED) OFFER:  none
Pltf Medl: Dr. Jane Kotecki (Emergency Medicine) for Erin; Dr. Michael Chmell (Orthopedist), Dr. Matthew Beuche (Orthopedist) and Dr. Jane Kotecki (Emergency Medicine) for Lisa; Dr. Jane Kotecki (Emergency Medicine) for Jonathan, Adam
Pltf Expert(s): David Sallmann (Accident Reconstruction) for Tammy
Sept. 22, 1995, pltf Tammy Jenkins F-34 disregarded a stop sign at the intersection of Rockton Ave. and Elmwood Rd. in Winnebago County. Her vehicle collided with defts’ truck in the intersection and she and her 10-year-old daughter Erin were killed. Her eleven-year-old daughter Lisa suffered a fractured femur, her three-year-old son Adam suffered a knee laceration, and one-year-old son Jonathan suffered minor bumps and bruises ($53,000 total medl. bills). Pltfs argued the truck driver was speeding and failed to maintain a proper lookout. Defense argued pltf decedent failed to yield the right of way on a through highway. Driver Maynard M-23 carpenter’s assistant worked for the Winnebago County Forest Preserve District and was heading back to headquarters when the collision occurred.

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Publication: Cook County Jury Verdict Reporter Published: 6/7/2002
(TT 34/3) MEDICAL MALP.–FAILURE OF THREE HIP SURGERIES–DEFT BLAMES SMOKING  (12M)
Teresa Anderson v Dr. Sharukin Yelda, Orthopaedics P.C. 97L-9504 Tried Feb. 21-Mar. 1, 2002
Verdict: $240,000 v both defts ($150,000 P&S; $10,000 disfigurement; $80,000 medical; $0 disability)
Judge: Mary A. Mulhern (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine (Lutheran Benevolent Ins. Exchange) DEMAND: $480,000  ASKED: $648,000
Deft Atty(s): Robert W. Smyth, Jr. of Donohue, Brown, Mathewson & Smyth for both defts (ISMIS) OFFER:  none
Pltf Medl: Dr. Richard L. Wixson (Orthopedist) and Dr. Manuel Blas (Pain Management)
Pltf Expert(s): Dr. Richard Sodetz (Orthopedist)
Deft Expert(s): Dr. Edward Abraham (Orthopedist) and Dr. Matthew Songer, 1414 W. Fair Ave., #149, Marquette, MI (906-228-7020) (Orthopedist)  for both defts
On Dec. 21, 1994, Feb. 22, 1995, and Aug. 9, 1995, deft orthopedic surgeon performed osteotomies of the left greater trochanter with distal advancement and repositioning of bone fragment at Swedish Covenant Hospital for pltf’s complaints of increasing pain from her congenital hip displacement. All three surgeries failed with nonunion of the osteotomy site. The first surgery failed in five weeks when the fixation device fell off; x-rays showed cable grip system had been implanted upside down. The second surgery utilized a different method of fixation, pins and wires, which moved within three weeks. The third surgery performed with screws also failed to achieve union of repositioned bone. Pltf F-40 claimed the three repeat surgeries were unnecessary and caused additional hip pain as well as lower back pain ($124,750 medl. bills). Pltf eventually saw Dr. Wixson at Northwestern, who redid surgery and achieved union. Wixson’s surgery utilized a medium sized cable grip system with larger wire; manufacturer of device recommended that a medium or large grip be used with thicker cable in patients over 132 lbs (pltf weighed 180 at time of first surgery). Defense contended that placement of original fixation device was a matter of judgment and that pltf’s cigarette smoking habit prevented bony union and caused the surgeries to fail; pltf stopped smoking for Wixson’s surgery. Deft did not tell pltf not to smoke or warn her about smoking being a deterrent to healing; defense asserted it was not the standard of care to advise patient not to smoke. Deft maintained that his method of using the cable grip system was proper because pltf’s bone was soft and the accompanying manual merely contained recommendations with surgeon free to use his own judgment. Pltf’s mental illness was barred from jury on motion in limine; pltf’s counsel reports that the pltf became belligerent with defense counsel during cross-examination. Defense counsel notes that the deft refused to consent to any settlement. Jury deliberated 12.5 hours.

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Publication: Cook County Jury Verdict Reporter Published: 5/24/2002
(TT 32/3) TRAFFIC–GRAVEL TRUCK IMPACT CAUSED CLOSED HEAD INJURY, HEMIPARESIS  (1G)
Betty Kedziora v David Bronk, d/b/a Bronk Trucking Inc., Nicholas E. France 98L-1445 Tried Mar. 22-29, 2002
Verdict: Not Guilty v all defts
Judge: Edward R. Burr (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: $1,000,000 policy  ASKED: $3,382,750
Deft Atty(s): Hall Adams, III of Williams, Montgomery & John for both defts (Hallmark) OFFER:  none
Pltf Medl: Dr. William J. Hopkinson (Orthopedist), Dr. Victor Lewis (Orthopedist), Dr. James P. Kelly (Neurologist), Dr. Peter Rantis, Jr. (General Surgeon) and Dr. Kimball Maull (Trauma Surgeon)
Pltf Expert(s): Roland L. Ruhl, Ph.D. (Accident Reconstruction)
Pltf F-29 claims she was right-turning from eastbound Woodfield Road (Schaumburg) onto southbound Frontage Road when defts’ southbound gravel truck ran the red light at 40 mph and slammed into the driver’s side of her car. Pltf was ejected and sustained multiple trauma: closed head injury with right-side hemiparesis and foot drop; 10-day coma; numerous full-thickness facial lacerations that required plastic surgery; fractured right clavicle, ribs (causing pneumothorax), orbital bone, and nose; kidney damage resulting in failure and necessitating dialysis; lacerated liver; internal derangement of knee and elbow. She cites $355,972 medl. expense plus $112,250 for 11 months LT as a mortgage broker. Pre/post-occurrence witnesses gave conflicting versions of the incident. However, the point of impact was in deft’s lane and skid marks suggested it was pltf who ran the red light. The jury found, in answer to a special interrogatory, that pltf was more than 50% at fault. Atty Hall Adams reports that Judge Burr excluded evidence that truck driver Nicholas France was a convicted felon who was traveling with a carnival at the time of trial, finding that the substantial prejudice outweighed the probative value. Defense retained accident reconstruction expert Roger Barrette, but did not call him at trial.

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Publication: Cook County Jury Verdict Reporter Published: 8/24/2001
(SS 45/6) MEDICAL MALPR.–COMPARTMENT SYNDROME LEADS TO LOSS OF FINGERS  (12M)
Robert Flores v Dr. Michael R. Treister, Treister Orthopedic Services Ltd. 96L-14259 (refiled from 95L-13337) Tried May 11-22, 2001
Verdict: Not Guilty v both defts
Judge: Allen A. Freeman (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: none  ASKED: $2,406,483
Deft Atty(s): Michael C. Kominiarek of French, Kezelis & Kominiarek for both defts (ISMIS) OFFER:  none
Pltf Medl: Dr. Eduardo Israel (Industrial/Occupational Medicine), Dr. Natubhai Patel (Infectious Disease), Dr. John Pittman and Dr. Gerald D. Harris (Hand Surgeon)
Pltf Expert(s): Dr. Edward F. Quinn (Orthopedist)
Deft Expert(s): Dr. Norman Weinzweig (Hand Surgeon) and Dr. Fred A. Zar (Infectious Disease) for Treister
Sept. 9, 1993, pltf M-35 glass installer caught his left ring finger against a wall while carrying two windshields at Orlando Glass Company. He went to Rush Occupational Health Center the next morning, where he was fitted with a brace and told to return to work. Pltf’s hand become more painful and swollen that day, so he went to the emergency room at St. Mary of Nazareth Hospital around 8:00 p.m. and was admitted under the service of deft Treister, an orthopedic surgeon who was on call. Dr. Treister examined pltf at 6:00 a.m. on Sept. 11 and found hand very swollen (to size of boxing glove) with black fingertips and abrasions on knuckles. Treister diagnosed cellulitis infection and requested infectious disease consult. Dr. Patel confirmed infection, continued antibiotics and suggested ruling out compartment syndrome. On Sept. 16, Dr. Treister advised pltf that he would lose a portion of or all of his fingers. Pltf was not satisfied and transferred to Northwestern Memorial on Sept. 16, where Dr. Harris diagnosed infection and late compartment syndrome. Surgical exploration determined that the left little, ring and middle fingers were not viable and needed to be amputated. Amputation of those three fingers was performed on Sept. 21, followed by two skin grafting procedures ($46,000 medl., $130,000 past LT, $500,000 future LT). Pltf contended that Treister should have tested for compartment syndrome, syndrome was not ruled out, and infection was superficial only and not sufficient to cause loss of fingers. Defense asserted that pltf had signs and symptoms of cellulitis and no evidence of compartment syndrome. Jury deliberated 9 hours over 2 days.

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Publication: Monthly Arbitration Reporter Published: 8/15/2001
(RSS k/52)  (1L)    Edwin Mendoza v Jennet B. Lingle, Sheila M. Rosa  99M2-577 Tried Jul. 30-31, 2001
$14,325 Verdict after $9,500 Arbitration Award    Judge: Claudia Grace Conlon (IL Cook-2nd Muni Civil)
Pltf Atty(s): Corey E. Meyer of Meyer & Blumenshine DEMAND: $9,500  ASKED: $18,000
Deft Atty(s): Stephen R. Vedova of O’Hagan, Smith & Amundsen for Lingle (State Farm)  OFFER: JBL $2,000; Lingle; Donald D. Santo, Jr. of Joseph L. Taylor, Jr. & Associates for Rosa (American Service) OFFER:  none; Rosa
Pltf Medl: Phillip Gattas, D.C. (Chiropractor)
Pltf M-23 was entering co-worker and co-deft Rosa’s vehicle at the bus stop westbound on Fullerton near Wood when it was rear-ended by co-deft Lingle. Pltf suffered soft tissue injuries to neck/back and shoulders from the Mar. 4, 1997 impact ($5805 medl., $2520 for 8 wks LT as stocker at Marshall’s). Deft Lingle believed Rosa’s vehicle was moving, and denied negligence and pltf’s injuries. Verdict and arb awards were against Lingle only and not guilty to Rosa.

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Publication: Cook County Jury Verdict Reporter Published: 6/25/1999
(QQ 38/4) REAR END–HERNIATED DISC WITH SURGERY–DEFT SAYS IMPACT MINOR  (1D)
Samir Nissan v Michael McNeil, Abt Television & Appliances 96L-2530 Tried Mar. 10-16, 1999
Verdict: $66,300 after 49% off $130,000 v both defts ($120,000 past and future medical expenses; $10,000 pain & suffering; $0 LT/loss of normal life)
Judge: Philip A. Fleischman (IL Cook-Law)
Pltf Atty(s): Corey E. MeyerSteven J. Malman DEMAND: $150,000
Deft Atty(s): Michael T. Sprengnether of Kralovec & Marquard for both defts (St. Paul) OFFER: $75,000 total
Pltf Medl: Dr. J. Michael Morgenstern (Orthopedist), Dr. Wesley Y. Yapor (Neurosurgeon), Dr. Gerald Kane (Orthopedist) and Dr. Michael E. Shapiro (Rehab/Physical Medicine)
Deft Expert(s): Dr. Boone Brackett (Orthopedist) for McNeil
Aug. 22, 1995, deft rear-ended pltf’s vehicle on westbound Devon near Campbell. Pltf M-38 suffered herniated L4-5 disc requiring lumbar laminectomy with future surgery and fusion planned ($55,000 past medl., $65,000 future medl., $15,000 LT as part-time bakery deliveryman). Defense claimed pltf stopped short and cited low impact (pltf’s vehicle had only minor damage which was never repaired). Defense also contended that pltf had a prior diagnosed herniated disc at L4-5. Case settled post-trial for $75,000 due to possible inconsistent verdict.

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Publication: Settlements by Category Published: 4/9/1999
(SQQ d/43)  (6)  97L-127
Settlement: $75,000 (IL, Lake 19th Jud Cir)
Pltf Atty(s): Corey E. Meyer
M-32 was attempting to tape drywall on ceiling of lobby at 300 Tower Parkway in Lincolnshire when plastic that was placed on a marble desk slipped, causing pltf to fall and strike his elbow. Pltf sustained a left ulnar nerve injury requiring transposition ($8,963 medl.; $20,000 LT) from the April 13, 1993 accident. Paid by CNA.

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Publication: Settlements by Category Published: 4/9/1999
(SQQ d/47)  (7)  95L-15512
Settlement: $300,000 (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer
M-2 died in apartment building fire at 4330 S. Paulina on Feb. 21, 1995. Deft failed to provide apartment with smoke detectors pursuant to Chicago Building Code. Paid by State Farm.

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Publication: Illinois Jury Verdict Reporter Published: 3/15/1999
(99 F/11) TRAFFIC LIGHTS–COLLEGE STUDENT ADMITS LIABILITY FOR RUNNING RED  (1G)
James Cook v Sam Grogan 97L-830 Tried Jan. 4-5, 1999
Verdict: $18,977
Judge: Hollis L. Webster (IL, Du Page 18th Jud Cir)
Pltf Atty(s): Corey E. Meyer of Corey E. Meyer Ltd. DEMAND: $50,000  ASKED: $103,048
Deft Atty(s): Douglas A. Miller of Williams & Montgomery (Allstate) OFFER: $25,000
Pltf Medl: Dr. Per Freitag (Orthopedist) and Patrick J. Hackett, D.C.
Deft Medl: Dr. David L. Spencer (Orthopedist) and Dr. George Geis (Emergency Medicine)
March 5, 1996, pltf was making a left turn from eastbound Grand Ave. onto County Line Rd. (Elmhurst) with a green light when westbound deft, unaware there was a traffic signal at the intersection, drove throught the red light and struck pltf’s vehicle at 35 mph. Deft M-18 admitted liability and case was tried on damages only. Pltf M-35 sustained disc herniations at C3-4 and C5-6 which will require future surgical fusion ($14,298 medl., $3,491 LT as lab technician). Defense contended, through testimony of pltf’s worker’s compensation physician Dr. Spencer, that pltf did not have herniated discs but merely a cervical sprain with no permanent disability.

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Publication: Settlements by Category Published: 1/15/1999
(SQQ c/9)  (1B)  No Suit Filed.
Settlement: $150,930 (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer for both pltfs
June 26, 1994, uninsured deft turned left on a red light at 4400 N. Cumberland, striking pltfs’ vehicle. F-65 sustained multiple blunt trauma and aggravation of pre-existing arthritis in left knee requiring replacement ($32,379 medical); F-84 sustained multiple blunt trauma and three fractured metacarpals ($19,134 medical). UIM claim paid by Allstate.

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Publication: Cook County Jury Verdict Reporter Published: 10/2/1998
(PP 52/21) PEDESTRIAN–HIT BY TURNING SCHOOL BUS–DRIVER SAYS BLINDED BY SUN  (3A)
Allison Milliner v Jacqueline Marsh, Paige Transportation Co. Inc. 95L-16056 Tried Aug. 12-18, 1998
Verdict: $69,637 after 5% off $73,302 v both defts ($34,894 pain & suffering; $20,075 loss of normal life; $10,981 medl.; $3,686 LT)
Judge: Ronald J.P. Banks (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Corey E. Meyer Ltd. DEMAND: $195,000  ASKED: $225,000
Deft Atty(s): Elliot R. Schiff and Ari H. Golson of O’Connor, Schiff & Myers for both defts (National Casualty) OFFER: JM $55,000
Pltf Medl: Dr. Kishan Chand (Orthopedist)
Deft Expert(s): Dr. Robert S. Goldberg of Rush-Presb.-St.Luke’s Hospital, 1725 W. Harrison, Suite 83, Chicago (312-942-6545) (Orthopedist)  for both defts
Jan. 26, 1995, pltf northbound pedestrian with green light was struck in crosswalk at 95th and Woodlawn by southbound school bus turning left onto eastbound 95th St. Pltf F-24 sustained distal radius fracture in left wrist with slight angulation and range of motion loss (10 weeks LT as data entry operator). Deft F-49 bus driver said she was blinded by sun; defense contended pltf walked into side of bus and failed to mitigate damages by failing to secure continuing medical treatment.

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Publication: Cook County Jury Verdict Reporter Published: 9/18/1998
(PP 50/29) GUEST VS OTHER DRIVER–DEFT TURNING RIGHT FROM LEFT LANE  (1L)
Raymond Chlimon v James J. Olson 95L-15871 Tried Jul. 16-22, 1998
Verdict: Not Guilty vs Olson after pltf’s driver settled out before trial for $1,000 med pay.
Judge: Sharon Johnson Coleman (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Corey E. Meyer Ltd. DEMAND: $100,000 policy  ASKED: $104,476
Deft Atty(s): Radusa Ostojic of James M. Hoffman & Associates (American Family) OFFER:  none
Pltf Medl: Dr. J. Michael Morgenstern (Orthopedist) and Dr. Michael Foreman (Internist)
April 25, 1995, pltf was passenger in eastbound van driven by Tony Dashto in right lane of Devon, intending to turn right onto southbound Pulaski. Deft eastbound in left lane also attempted right turn at Pulaski, causing collision. Pltf M-36 sustained complete rupture of talofibular ligament and partial rupture of calcaneofibular ligament in left ankle, requiring arthroscopy, synovectomy, debridement and repair of torn ligaments ($29,476 medl. bills). Deft M-43 librarian contended that the right lane was closed to traffic because IDOT was performing road resurfacing on Devon.

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Publication: Cook County Jury Verdict Reporter Published: 9/11/1998
(PP 49/15) PEDESTRIAN–CHILD DART-OUT MIDBLOCK–NEW FIRM WINS FIRST TRIAL  (3B)
Jiavetti Garner, minor v Peter J. Graf, Jr. 94L-6156 Tried Jul. 6-9, 1998
Verdict: Not Guilty
Judge: Barbara J. Disko (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer DEMAND: $50,000  ASKED: $97,800
Deft Atty(s): Perry W. Hoag of Tomassi, Radogno, Cameli & Hoag (Allstate) OFFER:  none
Pltf Medl: Dr. Terry Younger (Orthopedist)
March 31, 1992, deft M-37 CTA electrical foreman was driving his Ford Ranger pickup truck northbound on Central Ave. near Race St. in Chicago at 3:40 p.m. when child stepped out from between southbound cars into northbound lane, causing collision. Pltf M-7 sustained transverse fracture to right femur requiring 24 days hospitalization ($22,800 medl. bills). Pltf claimed deft failed to keep proper lookout and was driving at unreasonable speed. Defense contended pltf darted out suddenly midblock from between a stopped line of traffic.

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Publication: Illinois Jury Verdict Reporter Published: 4/15/1998
(98 Mr/4) BICYCLE–8-YEAR-OLD TAKES SPILL ON BUMPY PARKWAY, FRACTURES JAW  (1O)
Corey Forshaw, minor v City of Highland Park 96L-353 Tried Jan. 13-15, 1998
Verdict: $2,879 after 40% off $4,799 ($3000 loss of normal life; $1000 pain & suffering; $799 medical expenses)
Judge: Terrence J. Brady (IL, Lake 19th Jud Cir)
Pltf Atty(s): Corey E. Meyer DEMAND: $3,000  ASKED: $14,799
Deft Atty(s): Leo J. Sullivan, III of Sullivan, Smith, Hauser & Noonan (Waukegan) (SELF-INSURED) OFFER:  none
Pltf Medl: Stuart Dessner, D.D.S. (Oral Surgeon)
May 22, 1995, 8-year-old pltf bicyclist attempted a right turn near his house at Laurel and McGovern in Highland Park, but was going too fast to complete the turn and rode onto the bumpy parkway. Pltf lost control and was thrown from his bike into the street, resulting in a fractured mandible ($799 medical). 18 months earlier, the City of Highland Park had performed sewer repairs in front of pltf’s home in which a portion of the parkway was excavated. Pltf’s parents contend the City created the bumpy surface while doing repairs and failed to restore the parkway. City contended pltf was the sole proximate cause of his injuries by traveling too fast and losing control of his bicycle. City further argued it had no knowledge of the condition per the Tort Immunity Act.

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Publication: Settlements by Category Published: 12/12/1997
(SPP a/8)  (1F)  95L-12342
Settlement: $190,000 (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer
Pltf, deaf M-60, was driving east on Madison when deft nun missed a stop sign on Wood and drove into pltf’s car. Pltf sustained comminuted displaced fracture of his right tibial plateau requiring open reduction and internal fixation with a bone graft, and right shoulder trauma ($55,000 medical). Atty Meyer notes that the case proceeded to binding arbitration with parameters of $75-$190,000, and pltf was awarded $204,000. Paid by Cigna.

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Publication: Settlements by Category Published: 12/12/1997
(SPP a/33)  (8)  93L-14937
Settlement: $60,000 (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer for both pltfs
Dec. 18, 1991, pltf F-35 slipped and fell on a wet floor in deft Scoozi Restaurant causing her to suffer a fractured patella ($14,000 medl., $825 LT as legal secretary). Paid by Transamerica Insurance.

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Publication: Settlements by Category Published: 12/12/1997
(SPP a/10)  (1B)  95L-12933
Settlement: $123,000 (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer
Deft Atty(s): James W. Ford of Brenner & Moltzen for both defts (SELF-INSURED)
April 13, 1995, pltf F-41 was traveling west on Dundee at 1st Ave. in Wheeling when deft driver for Salvation Army pulled out in front of her car, causing pltf to strike deft’s vehicle. Pltf sustained severe traumatic instability of her left thumb requiring surgical fusion at the CMC joint, and loss of 20 degrees flexion of her left wrist and no ability to pivot ($14,000 medl., $3,500 LT as legal secretary). Paid by self-insured Salvation Army and its driver.

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Publication: Settlements by Category Published: 12/12/1997
(SPP a/17)  (4)  94L-14906
Settlement: $200,000 (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer
Pltf M-58 was a standing passenger on a CTA bus when deft drove through a stop sign and deft bus driver, allegedly not paying attention, slammed on the brakes. Pltf suffered a closed head injury with memory loss and attention deficits ($8,000 medl., $25,000/yr. LT as car salesman) from the Sept. 18, 1991 accident. Atty Meyer notes that during the month before trial, it was determined that pltf had a severe head trauma in 1978 with concussion. Paid: $114,000 by American States for driver; $86,000 by self-insured CTA and its driver.

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Publication: Illinois Jury Verdict Reporter Published: 1/15/1997
(96 D/6) MEDICAL MALPRACTICE–BLOOD CLOTS BLAMED ON FORGOTTEN SPONGE  (12K)
Julie Nelson v Dr. Richard Adis, M.D. 95L-1411 Tried Nov. 12-19, 1996
Verdict: Not Guilty
Judge: Charles F. Scott (IL, Lake 19th Jud Cir)
Pltf Atty(s): Steven M. Schwarzbach (Highland Park) and Corey E. Meyer DEMAND: $1,800,000  ASKED: $2,800,000
Deft Atty(s): Dominick W. Savaiano and John C. Raith of Clausen Miller P.C. (ISMIS) OFFER:  none
Pltf Medl: Dr. Gordon Trenholme (Infectious Disease), Dr. Ellen Glick, Dr. Rohit Shah (Hematologist), Dr. Rajalaxmi McKenna (Hematologist), Dr. Scott Hansfield (Ob/Gyn) and Dr. Dori Becker (Ob/Gyn)
Pltf Expert(s): Dr. F. Marc Stewart, 55 Lake Ave. North, Worchester, MA (508-856-3903) (Hematologist) and Dr. Jerry Powell of University of California-Davis, 2315 Stockton Blvd., Sacramento, CA (916-734-3096) (Hematologist)
Deft Expert(s): Dr. Stanley A. Gall (Ob/Gyn) and Dr. Gerald Soff of Northwestern School of Medicine, 233 E. Erie #700, Chicago (312-908-5284) (Hematologist)
Aug. 18, 1994, deft obgyn performed vaginal delivery on pltf F-27 at Highland Park Hospital, during which she sustained a 4th degree tear. Dr. Adis used sponges to staunch blood flow but left one sponge inside her vagina, which remained unfound until Aug. 29 when deft discovered and removed it. He prescribed antibiotics but failed to culture the sponge or patient’s foul-smelling vaginal discharge, and saw her several times within the next week for continuing vaginal pain. Pltf was readmitted to Highland Park Hospital Sept. 4 with signs and symptoms of infection, and a CT-scan showed extensive blood clots in her right ovarian vein and inferior vena cava, extending into lower legs. Pltf’s experts testified that the sponge caused a pelvic infection which triggered the extensive clotting, which continues to date requiring permanent anticoagulant therapy (Coumadin) and causing fear of traveling too far from medical centers due to risk of bleeding episodes from Coumadin or further thrombotic events ($105,000 medl., $400 LT per month for life as data entry operator). Deft M-52 admitted leaving sponge behind but denied that pltf had an infection and contended that the clotting was due to her genetic predisposition to clotting (discovered in Feb. 1995) and her pregancy (pregnancy results in hypercoagulable state), exacerbated by the 4th degree tear, tubal ligation performed the day after delivery, and patient’s inactivity following childbirth. Pltf countered that if the genetic condition did predispose clotting, then the infection triggered the genetic predisposition. Defense expert Gall testified it was not a deviation from the standard of care to leave behind the sponge and that it has happened to just about every obstetrician at one time or another.

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Publication: Settlements by Category Published: 11/22/1996
(SNN b/5)  (1B)  93L-14883
Settlement: $275,000 (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer for Macri
Sept. 22, 1993, deft truck driver for G & D Transportation sideswiped pltfs while changing lanes on the Stevenson Expressway, knocking pltfs’ vehicle into westbound retaining wall and across six lanes of traffic. Pltf M-71, who died seven months after the accident after being in and out of hospitals and nursing homes, sustained multiple blunt trauma ($75,000 medical). Pltf F-70 incurred rotator cuff impingement, torn meniscus, and multiple contusions ($23,000 medical). Wrongful death claim had to be dropped as only heir to estate was estranged daughter who had not seen her father in 18 years. Paid by American Eagle Insurance for deft G & D Transportation and its driver.

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Publication: Cook County Jury Verdict Reporter Published: 9/20/1996
(MM 50/5) ASSAULT–TAVERN PATRON’S NECK STABBED IN UNPROVOKED ATTACK  (10A)
James Geiger v Chase Tavern Inc. 95L-9053 Tried Aug. 21-23, 1996
Verdict: $248,801 ($133,000 P&S; $89,000 loss of a normal life; $24,801 medl. expense; $2000 lost wages). However, post-trial motions are pending.
Judge: William Maddux (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer DEMAND: $75,000  ASKED: $330,801
Deft Atty(s): Robert B. Baal of Baal & O’Connor (Scottsdale Insurance) OFFER: $20,000 withdrawn
Pltf Medl: Dr. Abraham V. Jacob (General Surgeon)
Nov. 11, 1989 James Geiger, a patron of the Chase Tavern (2426 N. Racine Ave., Chgo), was stabbed in the neck by an assailant, who was wielding a 12-inch butcher knife. M-32 Geiger sustained a lacerated jugular vein, larynx, and Adam’s apple. He has a residual 7 cm neck scar and some loss of sensation, but suffered no damage to his voice ($24,801 medl. expense; $2000 for 9 weeks LT as a construction laborer). Approximately 1-1/2 hours before the unprovoked incident, the attacker (the son-in-law of the establishment’s bartender/manager) had been asked to leave the premises after hitting his wife–which pltf asserted should have put deft on notice of his violent propensities. Defense maintained that since the assailant had made no overt acts or threats against pltf or any other patron, there was no notice that would have permitted them to prevent the attack.

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Publication: Monthly Arbitration Reporter Published: 8/15/1996
(RMM k/36)  (1B)    Charles Flynn v Ray Lofton  94M4-335 Tried May 29-30, 1996
$7,748 Verdict after $7,500 Arbitration Award    Judge: Cheyrl D. Ingram (IL Cook-4th Muni Civil)
Pltf Atty(s): Corey E. Meyer DEMAND: $7,500  ASKED: $13,850
Deft Atty(s): Steven A. Williams of Thomas L. Burdelik & Associates (Universal Casualty) OFFER: $3,000
Pltf Medl: Dr. Alvaro Pena (Family Practice)
Sept. 8, 1992, deft M-32, northbound on Cicero, made left turn on green in front of oncoming southbound pltf, resulting in collision. Pltf M-65 sustained soft tissue neck/back injuries with post-traumatic headache syndrome ($1760 medl., $1788 for 3 weeks LT as carpenter). Deft M-32 claimed pltf was speeding and failed to keep a proper lookout.

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Publication: Settlements by Category Published: 6/7/1996
(SMM i/21)  (6)  91L-17948
Settlement: $1,050,000 (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer
Structural Work Act. Feb. 28, 1990 at Dominick’s Finer Foods warehouse facility in Northlake, defts violated SWA by not providing guarding or adequate scaffolding as pltf M-41, ironworker for M.C. Standley, was cutting down an existing steel door while standing on a 13′ wall. Pltf’s fall resulted in fractures to patella (req. total knee replacement) and os calcis (heel), as well as a subsequent heart attack ($140,000 medl., $200,000 LT). Paid: $900,000 by Wausau for Dominick’s Finer Foods (owner of premises and alleged gen. cont.); $125,000 by USF&G for Arlington Steel (steel fabricator); and $25,000 by USF&G for pltf’s employer, plus $334,000 waiver of comp. lien.

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Publication: Settlements by Category Published: 4/26/1996
(SMM h/17)  (1O)  94M3-4503
Settlement: $35,000 (IL Cook-3rd Muni Civil)
Pltf Atty(s): Corey E. Meyer
May 29, 1994, pltf F-30 was crossing Montrose Ave. on her bike when struck by deft’s vehicle at Oketo and Montrose. Pltf fractured left clavicle and sustained knee contusion ($5500 medl., $2600 LT). Paid by CNA for deft.

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Publication: Illinois Jury Verdict Reporter Published: 12/15/1994
(94 N/21) PEDESTRIAN–MINOR–HALLOWEEN TRICK-OR-TREATER DRESSED IN BLACK  (3B)
Gian Pecoraro, minor v Helen Pitrowski 93L-1488 Tried Aug. 29-Sep. 1, 1994
Verdict: Not Guilty
Judge: Edward R. Duncan, Jr. (IL, Du Page 18th Jud Cir)
Pltf Atty(s): Corey E. Meyer of Stephen Fiorentino Ltd. DEMAND: $9,000  ASKED: $30,000
Deft Atty(s): Steven J. Rose of James M. Hoffman & Associates (Schaumburg) (American Family) OFFER: $9,000 withdrawn
Pltf Medl: Dr. Miro Petani (Pediatrician)
Oct. 31, 1991, pltf M-12, wearing an all black Halloween costume, attempted to cross Glen Ellyn Rd. in Glendale Heights and was struck by northbound car driven by deft F-76, causing concussion, renal contusion, knee contusion, and headaches. Deft and seven witnesses, including four friends of pltf, testified that pltf ran into street without looking for traffic.

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Publication: Cook County Jury Verdict Reporter Published: 12/2/1994
(LL 8/16) FINANCIAL MALPRACTICE–PREMIUM PAYMENT MISAPPLIED, INSURED SAYS  (13G)
Josephine Bonanno v Educate Success Insurance Agency Inc. 92M3-3105 Tried Oct. 11-14, 1994
Verdict: Not Guilty
Judge: Nicholas T. Pomaro (IL Cook-3rd Muni Civil)
Pltf Atty(s): Corey E. Meyer
Deft Atty(s): Frank C. Stevens of Taylor, Miller, Sprowl, Hoffnagle & Merletti
Pltf alleges that in Oct. 1991 deft incorrectly applied an auto insurance payment to her Corvette (on which coverage had lapsed) rather than to the second installment on her Cadillac’s policy. Subsequently, in Feb. 1992, pltf was involved in a collision with an uninsured motorist while driving the Cadillac ($7500 PD; $2000 medl. exp.; $1000 LT). Defense contended that the payment was applied as pltf intended, noting that she had a history of late payments and lapses in coverage.

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Publication: Illinois Jury Verdict Reporter Published: 5/15/1994
(94 Ap/14) PEDESTRIAN–HIT IN PARKING LOT BY BACKING CAR–CLOSED HEAD INJURY  (3A)
Patricia A. Cegielski v Sara Kessler 92L-1079 Tried Feb. 28-Mar. 9, 1994
Verdict: $12,500 after 50% off $25,000
Judge: Stephen Walter (IL, Lake 19th Jud Cir)
Pltf Atty(s): Corey E. Meyer of Stephen Fiorentino Ltd. and Steven Schwarzbach (Highland Park) DEMAND: $300,000 policy  ASKED: $375,000
Deft Atty(s): J. Scott Myers of O’Connor, Schiff & Myers (USAA) OFFER: $20,000
Pltf Medl: Dr. Lawrence Metrick (Orthopedist), Dr. Daniel R. Wynn (Neurologist) and Dr. Daniel Rybicki (Psychologist)
Deft Medl: Dr. David Ginsburg (Internist) and Dr. Ronald Cape (Cardiologist)
Deft Expert(s): Dr. David Shenker (Neurologist), Dr. David Garron (Neuropsychologist) and Dr. Robert F. Hall (Orthopedist)
July 2, 1992, pltf F-49 was walking in Jewel parking lot at Central and Green Bay Rd., Highland Park, when deft backed her car into her at 10-15 mph, causing impaction-type fractures to both patellas, avulsion fracture left fibular head, internal derangement both knees, closed head injury from impact of hitting head on trunk of car, short term memory loss, aphasia and apraxia ($7,913 medl. exp., no LT claimed as Chicago Board of Education schoolteacher). Deft F-51 said a truck was blocking lot exit forcing her to back up to allow truck access to lot, and that pltf walked into path of car without looking while she was looking inside her purse. Defense also disputed all significant orthopedic and closed head injuries.

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Publication: Cook County Jury Verdict Reporter Published: 10/29/1993
(KK 3/2) ASSAULT–”ALTERNATIVE HOMECOMING” EGG FIGHT BRINGS EYE INJURY  (10A)
Leliana Santoro v Frank Panzarino 89L-3075 Tried Sep. 9-15, 1993
Verdict: Not Guilty (However, pltf’s atty has filed post-trial motions.)
Judge: Michael J. Gallagher (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Stephen Fiorentino Ltd. DEMAND: $90,000  ASKED: $297,000
Deft Atty(s): Garrett E. Messmaker of Clifford P. Mallon (Allstate) OFFER: $20,000 – $30,000 (indicated)
Pltf Medl: Dr. Philip J. Konecny (Ophthalmologist) and Dr. Jagan K. Mohan (Neurologist)
Pltf Expert(s): Dr. John H. Fournier (Ophthalmologist)
Deft Expert(s): Dr. Scott H. Kirk (Ophthalmologist) and Dr. Joel Sugar (Ophthalmologist)
Oct. 7, 1988 Leliana Santoro, age 16, says she was hit in the right eye by a thrown egg during “alternative Homecoming” ruckus, staged by a group of teens at the Schiller Woods Forest Preserve. Claims permanent eye damage ($2000 medl. exp.)–a torn iris (right pupil now 1 cm larger than left), a small traumatic cataract, and an angle recession injury (compression of anterior chamber between crystal lens and iris, resulting in glare-induced visual disturbances and increased likelihood of glaucoma). Defense contended that Leliana was contributorily negligent–she purchased 96 eggs to throw and supposedly started the fracas–and disputed the extent of her injuries.

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Publication: Cook County Jury Verdict Reporter Published: 8/27/1993
(JJ 47/7) REAR END–PLTF HITS DISABLED CAR PARTIALLY ON BRIDGE’S 2-FT SHOULDER  (1D)
Salvatore Sparacino v Wayne E. Driscoll 88L-21416 Tried Jul. 26-30, 1993
Verdict: $51,000 after 49% off $100,000
Judge: Irwin J. Solganick (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Stephen Fiorentino Ltd. DEMAND: $70,000  ASKED: $297,000
Deft Atty(s): Edward C. Abderholden of Van Duzer, Gershon, Jordan, Petersen & Loeffler (Chicago Mutual) OFFER: $45,000
Pltf Medl: Dr. Houshang Farahvar (Orthopedist)
Pltf Expert(s): Dr. Samuel J. Chmell (Orthopedist)
6:30 am Aug. 14, 1988, deft M-21 was driving south on Division St. Bridge of the Kennedy Expressway when his left front wheel came off, forcing him onto onto the narrow shoulder, but leaving 3/4 of the right lane blocked. Five minutes later pltf M-33 driving in right lane clipped rear of deft’s car, claiming he couldn’t switch lanes because of a car to his left. Said deft failed to activate flashers and open hood or trunk. Pltf suffered comminuted displaced fracture of humeral head in greater tuberosity of right shoulder (req. internal fixation) with impingement syndrome, plus fractures of two metacarpals left hand with malunion (will need future surgery–$19,220 past and $6000 future medl. exp.; $4000 for 12 wks. LT as bread delivery man). Deft contended he brought car as far right as possible and put his flashers on. Noted other cars were able to avoid hitting him. Also, since pltf admitted he saw stopped car from 125 feet away and that the other car was three car-lengths behind rather than directly to his left, defense argued that pltf could have stopped or changed lanes in time to avoid collision. Atty Abderholden reports that after one juror failed to appear for second day of trial, court issued a bench warrant and had juror jailed one day for contempt of court without bond.

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Publication: Cook County Jury Verdict Reporter Published: 12/18/1992
(JJ 11/9) STREET HAZARDS–R.R. CROSSING GATE SWINGS INTO PARALLEL TRAFFIC  (9)
Alex J. Shubert v Northeast Illinois Regional Commuter Railroad Corp., d/b/a Metra 91L-12493 Tried Nov. 6-13, 1992
Verdict: Not Guilty v Northeast Ill. Regional Commuter Railroad Corp.-Metra Metropolitan Rail on both complaint and Metra’s property damage counterclaim.
Judge: Margaret McBride (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Michael J. McArdle DEMAND: $60,000  ASKED: $81,000
Deft Atty(s): Robert Schillerstrom and David Wentz of Schillerstrom & Cresto; Robert Schillerstrom of Shillerstrom & Cresto and David Wentz of Schillerstrom & Cresto (SELF-INSURED)
Pltf Medl: Dr. Leonardo Chato (General Surgeon)
At approx. 4:45 pm Oct. 7, 1991 M-88 was driving eastbound on 71st St. near Jeffrey (Chgo), parallel to railroad crossing owned and maintained by deft, when crossing gate swung out and pierced the windshield–striking pltf in the face (intra-cranial hemorrhage, fractured right orbit, five rib fractures, plus soft tissue injuries–$12,000 medl. exp.). Claimed deft failed to properly maintain/repair gate. Metra contended pltf, who was not wearing glasses while driving despite having 20/200 vision in one eye, negligently drove into the gate (causing $5986 property damage). Also argued Metra did not have either actual or constructive notice of defective gate and was protected by Tort Immunity Act. Shubert denied negligence.

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Publication: Cook County Jury Verdict Reporter Published: 1/3/1992
(HH 12/8) DENTAL MALPRACTICE-ORAL SURGERY FOR T.M.J. INJURY FAILS, PLTF SUES  (12U)
Sherry Limbers v Derwood Janssen, D.D.S., Dennis Spinazze, D.D.S. 84L-12284 Tried Dec. 4-16, 1991
Verdict: Not Guilty v Spinazze Dennis Janssen settled for $15,000
Judge: Martin Ashman (IL Cook-Law)
Pltf Atty(s): Corey Meyer of Michael J. McArdle DEMAND: $50,000  ASKED: $262,033
Deft Atty(s): of Pretzel & Stouffer for Spinazze (St. Paul) OFFER: DS $15,000
Pltf Medl: Dr. Ronald Errico, D.D.S., Dr. Richard Isaacson (Oral Surgeon) and Dr. Michael Steichen (Oral Surgeon)
Deft Medl: Dr. James Tameroff (Oral Surgeon), Derwood Janssen, D.D.S. (Dentist) and Dr. John Sachs (Oral Surgeon) for Spinazze
Pltf Expert(s): Bruce Douglas, D.D.S. (Oral Surgeon)
Deft Expert(s): Dr. Bernard Pecaro, D.D.S. (Oral Surgeon) for Spinazze
March 1983 F-26 sustained T.M.J. injury (anteriorly displaced meniscus) from dentist taking bridge impression. She received treatment first from Dr Spinazze (who operated after 5 months), later from three other oral surgeons (including implant). $32,033 medl. Claims need for total joint replacement ($20,000). Defense said treatment appropriate.

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Publication: Cook County Jury Verdict Reporter Published: 10/4/1991
(HH 3/10) PRODUCT LlABlLITY-NAPHTHA INSTEAD OF KEROSENE BURNS COBBLER  (11)
Michael Moretti v Henry G. Wienecke, Inc., Sunnyside Corp.; Henry G. Wienecke, Inc., Sunnyside Corp. v Park Avenue Bootery 85L-18722 Tried Sep. 20-Oct. 2, 1991
Verdict: $975,000 after 35% off $1,500,000 to Michael v Wienecke Henry G. for assumption of risk, subject to $315,000 mid-trial settlement by Sunnyside and $140,000 comp lien to Park Ave. Bootery (Safeco) on which $85,000 paid form the $315,000 settlement. Park Ave. had waived half the $280.000 comp lien.
Judge: Lester Bonaguro (IL Cook-Law)
Pltf Atty(s): Corey E. Meyer of Michael J. McArdle for Moretti DEMAND: $450,000  ASKED: $1,667,000
Deft Atty(s): Bernard J. Hennessy for Henry G. Wienecke, Inc. (Sentry Insurance) OFFER: HGWI $25,000; Thomas Neuckranz of Williams & Montgomery for Sunnyside Corp. (Home Insurance)
Pltf Medl: Dr. Michael Merchut (Neurologist) and Juan Angelats (Plastic Surgeon) for Moretti
Pltf Expert(s): John A. Kennedy (Fire Cause/Origin) for Moretti
Feb. 6, 1988, pltf., age 68, a cobbler in his son’s shoe store in Glencoe went to Wienecke’s Hardware, 680 Vernon, to buy kerosene to clean a hot wax stitching machine and was given naphtha which he said a clerk recommended because they were out of kerosene, denied by deft. He suffered 2nd and 3rd degree burns over 35 pct. of body, with five surgeries, permanent scarring, $185,000 medicals, $46,200 LT. for 3 years.

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Publication: Cook County Jury Verdict Reporter Published: 10/6/1989
(FF 2/27) INVITEE-BOWLING ALLEY-SAYS SLIPPED AFTER THROWING BALL  (8)
Vivian Falkner v Scottsdale Enterprises, Ltd. 87M5-100265 Tried Sep. 8-14, 1989
Verdict: Not Guilty
Judge: James F. Stack (IL Cook-5th Muni Civil)
Pltf Atty(s): Corey Meyer of Michael J. McArdle DEMAND: $10,000  ASKED: $40,000
Deft Atty(s): Stephen R. Miller of Fischel & Kahn (Employers Mutual) OFFER: $0 policy
Pltf Medl: Richard Beaty, D.O. (Orthopedist)
Sept. 3, 1987, pltf., age 60, was backing as she watched her ball roll down the lane and tripped over the ball return, defense said, with left wrist fractured in 8 places, $6,800 medicals.

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Publication: Cook County Jury Verdict Reporter Published: 8/4/1989
(EE 30/4) PRODUCT LIABILITY-LEAKING GASOLINE HOSE-MANAGER FATALLY BURNED  (11)
Estate of Robert Siebert, deceased v Continental Oil 79L-7302 Tried Jul. 6-21, 1989
Verdict: Not Guilty after $33,000 settlements with Tokhim Corp., pump maker, and hose maker.
Judge: James S. Quinlan, Jr. (IL Cook-Law)
Pltf Atty(s): Michael J. McArdle and Corey Meyer DEMAND: $1,000,000
Deft Atty(s): Ian M. Sherman and Marc D. Ginsberg of Rooks, Pitts & Poust OFFER: $20,000
Pltf Medl: Dr. Emilio Cortez
Pltf Expert(s): Marvin Salzenstein (Mechanical Engineer) and Frank Beck of Robert Young, Inc., 5451 110th st, Oak Lawn (708-857-7080) (Gas Pumps)
Deft Expert(s): Charles Pierce, 7552 Palatine ave, Chg (312-792-1436) (Fire Safety) and William Mills of Marley Pump Co., 5800 Fox Ridge Dr., Mission, KS (913-722-1485) (Gas Pumps)
Jan. 24, 1979, pltf. age 66, manager and ex-owner of gas station on SE corner 95th and Central Park for 25 years which had been subleased 23 days earlier to a subsidiary of deft. with change to self-serve, went to check a leak in hose under a metal coupling and was sprayed with gasoline, then after closing station, went to bathroom, apparently lit a cigaret found there with a lighter, and was fatally burned. Pltf. contended a leak detector should have been installed in pumps.

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Publication: Settlements by Category Published: 7/29/1988
(SDD k/39)  (12L)  83L-23448
Settlement: $93,000 (IL Cook-Law)
Pltf Atty(s): Corey Meyer
F-32 Uterus perforated in abortion not treated postop by Biogenetics. Dr. Baldoceda paid $90,000.