Car Runs Red Light, Collides With Cab; Jury Disagrees With Plaintiff's Suggested Verdict
Dean Stump v Wolley Cab Co. Inc., Ahmed El Ameer, Tremaine Bowie 06L-8399
- Verdict: $55,282 v Tremaine Bowie only ($35,282 medical expenses; $20,000 pain & suffering; $0 disability; $0 disfigurement); Not Guilty v Wolley Cab and Ahmed El Ameer. However, Bowie settled out for $25,000 policy limit during jury deliberations. Special Interrogatory Was deft Ahmed El Ameer guilty of negligence which was a proximate cause of an injury to pltf Dean Stump? "No."
- Judge: James Michael Varga (IL Cook-Law)
- Pltf Attys: Jeffrey J. Kroll of Jeffrey J. Kroll and J. Patrick White of Latin Law Offices
- Demand: $175,000 total (indicated)
- Asked: $880,282
- Deft Attys: Allen L. Wiederer for Wolley Cab Co Inc., El Ameer (Clarendon National)
Offer: WCCI, AE $25,000 (indicated);
Paul S. Festenstein of Condon & Cook for Bowie (Allstate) Offer $25,000 policy
- Pltf Medl: Dr. Joseph C. Sheehan (Orthopedist) and Dr. Victoria Brander (Rehab/Physical Medicine)
- Deft Medl: Dr. James Mathews (Emergency Medicine) for all Defendants
Jan. 21, 2006, Plaintiff was a passenger in a Wolley Cab driven by Defendant Ahmed El Ameer traveling southbound on Wacker Drive around 8:15 a.m. when co-Defendant Tremaine Bowie made a left turn from northbound Wacker onto westbound Madison St. and pulled into the path of the taxicab, causing a collision. The impact caused Bowie's SUV to roll over onto its roof. Bowie did not see the red light for westbound traffic and failed to stop in the median area. Bowie, her passenger, and the Plaintiff all claimed the cab was speeding at 40 to 50 mph. Plaintiff M-41 claimed the impact caused low back strain and left hip pain due to aggravation of pre-existing asymptomatic arthritis in the hip, resulting in a hip resurfacing surgery ($35,282 medl. bills). He claimed there were numerous ways his injuries affected his daily life. However, he admitted on cross-examination that he now works out regularly with free weights, including bench pressing, at a gym.
Defense for Wolley and El Ameer maintained the cab was going only 25 mph and contended Bowie's negligence in running the red light was the sole proximate cause of the accident. Defense for Bowie admitted negligence but argued the cab driver was negligent due to driving too fast for conditions on wet/icy pavement. Defendants denied proximate cause of Plaintiff's claimed injuries, contended Plaintiff sustained only soft tissue injuries to his low back as diagnosed by Dr. James Mathews at Northwestern Memorial's emergency room and by an orthopedist five days later, and cited Plaintiff's lumbar laminectomy 19 years before the occurrence as well as intermittent left hip complaints since he was a teenager as a result of playing high school and college football.