Jose Bedoya, 43, was exiting westbound Interstate 90 at Lee Street when his car was hit from behind while stopped at the end of the exit ramp. Bedoya was rear-ended by the defendant, Tina Raya, who was driving her GMC Yukon SUV.
The impact, according to Bedoya, was heavy and pushed his car several feet forward. He said his head jerked forward and back. Bedoya was taken by ambulance to Resurrection Hospital with complaints of neck pain.
Although the crash was on Sept. 19, 2009, it wasn’t until August 2010 that an MRI showed that Bedoya suffered a large herniated disc at C5-6 requiring a surgical disc replacement surgery that took place in November 2010.
The defendant, the driver of the SUV, Tina Raya, age 33, said at trial that Bedoya began to move forward after stopping and then stopped abruptly. Raya also argued that the impact was at a very low speed with little or no property damage to the Bedoya car. Raya said that the collision did not cause Bedoya’s herniated disc and that Bedoya continued to work after the accident.It was further maintained by Raya that Bedoya’s reported disc herniation came on spontaneously, occurring sometime before the MRI was done in August 2010 and was the result of aging and wear and tear.
The jury’s verdict of $67,197 was for medical expenses only. No damages were awarded to Bedoya for his pain and suffering.
The demand to settle the case before trial was $100,000, which was the insurance policy of Raya. The offer by the defendant Raya before trial and pre-suit was $9,796. The attorney for the plaintiff, Jose Bedoya, was Todd Klein.
Jose Bedoya v. Tina M. Raya, No. 11 L 7418 (Cook County).
Kreisman Law Offices has been handling car accidents, truck crashes and elder abuse claims 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 Chicago (Bridgeport), Bridgeview, Hoffman Estates, Winnetka, Highwood, Highland Park, St. Charles, Aurora, Chicago (Wicker Park), Chicago (Bucktown), Chicago (Lincoln Square), Tinley Park, Worth, Alsip, Blue Island and Chicago Heights, Ill.
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