Defendant Disputes Impact Force And Injury Causation During Rear-End Collision

Calvin West v Carly Vavrik 05L-2166

  • Verdict: $3,000 ($2,000 past pain & suffering; $1,000 past disability; $0 future pain & suffering; $0 future disability; $0 future medical expenses)
  • Judge: Daniel M. Locallo (IL Cook-Law)
  • Pltf Atty: Michael D. Johnson
  • Demand: $100,000 policy withdrawn
  • Asked: $432,000
  • Deft Atty: Mark B. Ruda of Condon & Cook (Allstate)
  • Offer: $5,000
  • Pltf Medl: Dr. Robert J. Atkenson (Orthopedist)
  • Deft Medl: James McKee, D.D.S. (Dentist)
  • Pltf Expert: Dr. Jeffrey Coe (Industrial/Occupational Medicine)
  • Deft Expert: Dr. Nikhil Verma (Orthopedist)

Plaintiff was stopped at a red light waiting to turn right at Midlothian Turnpike and Central Ave., Bremen Township, when he was rear-ended by Defendant. Plaintiff M-46 contended the impact was significant and caused him to be thrown forward, striking his face on the dashboard while his left shoulder was stuck and pulled backwards by the seatbelt, causing a torn rotator cuff requiring surgery and a probable labral tear requiring future surgery ($11,000 LT as carpenter/contractor); claim for $30,000 dental treatment including implants was withdrawn at trial. Defendant said she stopped behind Plaintiff, believed he began his turn, started to move forward without looking, saw Plaintiff had not moved, and slammed on her brakes but hit Plaintiff's vehicle. Defense denied Plaintiff's injuries were related to the collision, contended he only had minor injuries, and suggested a verdict of $3,000.

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