Failing to yield the right of way at an intersection can often lead to auto accidents. In the best case scenario, these types of car crashes lead to minor injuries and are simple fender benders. However, there is also the chance that these types of car accidents can lead to severe and permanent injuries. The Illinois personal injury lawsuit of Burke v. Weller d/b/a Plainfield Limousine, et al., 08 L 361, is an example of an Illinois car accident that resulted in permanent injuries for one of the drivers involved.
The Illinois auto accident occurred when Casey Stryganek, a limousine driver, was turning left at the intersection of Route 52 and Interstate 55 in Shorewood, Illinois. Stryganek had a green light, not a green turn arrow, and elected to make his left turn despite the approach of a car driven by the plaintiff, Donald Burke. Unfortunately, this decision by Stryganek led to the collision with Burke’s vehicle.
The Illinois car crash left Burke with a fractured left radius and ulna. The severity of the fractures necessitated an internal fixation surgery to repair the fracture. An internal fixation surgery is a fairly extensive surgery that requires the surgeon to insert metal rods and screws into the bones in order to repair the fracture.
Despite the surgery and extensive physical therapy, Mr. Burke continues to suffer from left hand and wrist strength and mobility problems. As a computer analyst, the decreased mobility of his hand and wrist limits his ability to perform all of his job duties in an effective and efficient manner.
Mr. Burke brought an Illinois personal injury lawsuit against the owners of the limousine company. Under Illinois law, when an employee is driving a vehicle in the capacity of his employment, the employer is liable for any accidents or injuries that arise within the scope of their employee’s duties. This was the case with Mr. Stryganek, who was driving a limousine in his capacity as an employee of Plainfield Limousine. Therefore, Mr. Burke was able to file an Illinois personal injury claim against both Mr. Stryganek and his employer.
The Illinois auto accident case went to a jury trial in Illinois’ Twelfth Judicial Circuit. The Illinois personal injury case itself was fairly straight-forward, with the defendant limousine company admitting responsibility and calling no witnesses at trial. Typically in Illinois intersection accident cases, both parties will contend that they had a green light and the other party failed to yield the right of way. This was not the case in the Burke matter, where the defendants admitted liability.
The defendants did contest the nature and extent of Mr. Burke’s wrist injury, which is a common occurrence in Illinois auto accident lawsuits. However, the type of injuries contested typically involve back or neck pain, which can be a fairly nonspecific symptom. The fact that the defendants were contesting Mr. Burke’s wrist injuries, which were obviously linked to the severe auto accident in which he was involved, is somewhat unique.
Mr. Burke claimed a grand total of $92,613 in medical expenses, which including $47,188 in hospital charges alone. In addition, he claimed an estimated lost earnings of $2,790 for the time he missed due to his injuries. The Illinois jury quickly returned a verdict in favor of the plaintiff against all the defendants, awarding the plaintiff $606,208.
Kreisman Law Offices has been handling Illinois auto accidents in and around Cook County for more than 35 years, serving the communities in and around Chicago, including Riverside, Des Plaines, Oak Lawn, St. Charles and Forest Park.
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