On Sept. 2, 2007, Susan Soine, age 42, was driving her car northbound on Route 41 in Highland Park, Ill., when she was hit by a car driven by the defendant, Marian Kinzinger, at Clavey Road. Soine alleged in her lawsuit that Kinzinger chose not to properly merge into the highway from the Clavey entrance ramp and instead crossed over the solid white lines and clipped the front of a semi-truck and then veered into the left lane and hit the plaintiff’s front passenger door.
Kinzinger’s pick-up truck then rolled over and hit the rear of the Soine car shattering her rear window. Soine was injured. She sustained a C5-6 neck injury, which required fusion surgery two months after the crash.
At the end of the trial, Soine’s counsel moved the court for a directed verdict, which was granted. The directed verdict dealt with only the negligence of Kinzinger. The jury determined the amount of damages.
The defendant argued that Soine was contributory negligent in causing this crash.It was further maintained that the disc injury to her neck was pre-existing and not related to the accident. Counsel for Kinzinger argued that Soine suffered only soft tissue injuries and that the jury should at most award only medical expenses for the ambulance, emergency room visit and one visit with her family doctor.
During the ten years prior to this incident, Soine had undergone facet injections, traction, chiropractic treatments, acupuncture and massage therapy for neck pain. In addition, one year before this accident, Soine saw an orthopedic doctor seeking possible surgery. The doctor recommended that she wait if the pain was not yet debilitating.
Before trial, Soine demanded settlement in the amount of $150,000. The offer to settle by Kinzinger was $15,000.The attorney for Susan Soine was Donald C. Stinespring, Jr. The jury’s verdict of $210,568 was made up for the following damages without any reduction for contributory negligence:
- $115,068 for medical expenses;
- $80,000 for pain and suffering;
- $15,000 for loss of normal life;
- $500 for disfigurement.
Susan Soine v. Marian Kinzinger, No. 11 L 702 (Lake County).
Kreisman Law Offices has been handling automobile accidents, truck accidents and motorcycle accidents for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 37 years in and around Chicago, Cook County and its surrounding areas, including Rosemont, Winfield, Addison, Matteson, Kenilworth, Gurnee, Evanston, Morton Grove, St. Charles, Aurora, Chicago (Garfield Park), Chicago (Bridgeport), Chicago (Back of the Yards), Chicago (Lincoln Square), Chicago (Woodlawn), Chicago (Chicago Heights) and Deerfield, Ill.
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