REPRESENTATIVE VERDICTS

Motorcyclist Loses Claim That He Was Cut Off By Car Turning Left At Intersection

Dennis Klein v Diane Fram 02L-6840

  • Verdict: Not Guilty
  • Judge: Arthur L. Janura, Jr. (IL Cook-Law)
  • Pltf Atty: Craig S. Mielke of Foote, Meyers (Geneva)
  • Demand: $350,000
  • Asked: $832,316
  • Deft Atty: Mark B. Ruda of Condon & Cook (Allstate)
  • Offer: $100,000 policy
  • Pltf Medl: Dr. Dennis Fancsali (Orthopedist)
  • Deft Expert: Francis Oldham, ARTEC, 8301 Cornell Ave., St. Louis, MO (314-518-1500) (Accident Reconstruction)

Plaintiff was operating a motorcycle eastbound on Golf Rd. in Hoffman Estates when westbound Defendant made a left turn in front of him at Barrington Road. Plaintiff braked and swerved, but was unable to avoid collision with Defendant’s car. Plaintiff M-38 suffered numerous injuries: fractured heel, fractured wrist, fractured tibial plateau in left knee, torn medial meniscus in left knee requiring meniscectomy, torn rotator cuff in right shoulder requiring repair, facial lacerations and scarring, and premature arthritis in left knee requiring future knee replacement ($44,624 past medl., $47,692 LT 20 months as carpenter). Plaintiff claimed his light was a solid green, he slowed down to 45 mph as he approached intersection (50 mph speed limit zone), and Defendant failed to yield right of way.

Defendant claimed her left turn arrow was green, other eastbound traffic was stopped, and she never saw motorcycle until after the impact to the rear of her car. Defense accident reconstruction expert opined that Plaintiff was speeding as he approached the intersection, Plaintiff’s claimed view of the intersection while he was 300 feet away was not possible because of a dip in the road 150-200 feet west of the intersection, and Plaintiff switched lanes and went around a car because he was late to work and intended to shoot through the light but did not see Defendant’s car until it was too late to stop. Defense contended Plaintiff had pre-existing arthritis in his left knee due to prior injuries and surgery, and would have needed a knee replacement regardless.