Articles Posted in Pedestrian accidents

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As a general rule, pedestrians have the right of way; however, this does not mean that the driver is always at fault. While car drivers have a duty to look out for pedestrians in a designated crosswalk, they do not have the same duty to watch for pedestrians on a designated roadway. In the Cook County personal injury lawsuit of Hashi Said v. Mamoudou Barry, 09 L 5973, the jury found in favor of the car driver, not the pedestrian.

Hashi Said was the pedestrian in this scenario. Said, a taxi cab driver, had parked his cab at a taxi holding area located at O’Hare airport. The taxi holding area is a designated area where cabs line up; it includes an area at the roadside where the cab drivers can socialize and take breaks. At the time of the pedestrian-car accident, Said was walking in the parking lot area when he was hit by a cab being driven by Mamoudou Barry.

The force of the collision caused the 33 year-old Said to sustain a left knee fracture and a tear to his left lateral meniscus. Said was out of work for ten months while he underwent three separate surgeries and physical therapy. And despite all his medical treatment, Said will likely need a knee replacement in the future.

Said filed a personal injury lawsuit against Barry, in which he alleged that Barry had caused the pedestrian accident by driving at an unnecessarily high speeds. According to Said’s theory of liability, if Barry had not been driving at those high speeds, then the auto accident would not have occurred. Said was seeking reimbursement for his medical expenses, pain and suffering, and payment of his $72,793 workers’ compensation lien.

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Personal injury lawsuits like Heather Pflanz v. Chicago Transit Authority, et al. 08 L 4878, remind us that injuries can result from the activities we engage in on a daily basis. The plaintiff in the Chicago lawsuit fell after boarding a Chicago Transit Authority (CTA) bus, injuring her leg so badly that she need surgery. And while the Chicago jury found the plaintiff to be partially responsible for her own injuries, it found that the bulk of the blame lay with the bus driver.

The incident occurred after 37 year-old Heather Pflanz boarded a northbound CTA bus near State Street and Maple Street. Pflanz boarded the bus and was looking through her purse to find her Chicago Card to pay the bus fare. However, the bus reportedly pulled away from the curb suddenly, causing Pflanz to lose her balance and fall forward.

As a result of her slip and fall injury, Pflanz fractured her right tibia/fibula in her lower leg. The severity of the break meant that Pflanz needed to undergo surgery and have nails and screws installed in her leg for additional support. Although Pflanz has recovered, she continues to have ongoing swelling, pain, and stiffness in her right ankle. In addition, Pflanz has since been diagnosed with patellar tendinosis in her right knee and may require additional surgery to fix her kneecap’s tendon.

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While the widespread use of the internet has provided many benefits to the legal community, e.g. online case law, electronic court dockets, etc., it has also brought some challenges. Take for instance the case of Eskew v. Burlington Northern.pdf. In Eskew, the defendants requested a retrial after discovering that one of the jurors had blogged about the trial.

At the Illinois wrongful death trial of Eskew, the jury awarded $4.75 million to the widow of Scott Eskew, a legally blind man who was killed by a train at a Berwyn Metra stop. The estate and family were represented by attorneys Michael Rathsack and Jay Paul Deratney. However, following the wrongful death trial, it was discovered that one of the female jurors had been posting blogs regarding the trial and jury deliberations while the trial was still going on.

Not only did the defendants argue that the blog posts violated the general jury instruction of not talking about the trial while it is going on, but also showed other discrepancies in the jury’s behavior. The defendants requested that the trial judge launch an evidentiary investigation into the juror’s blog and the alleged juror misconduct. However, the trial court denied this request; it is this denial that is at the issue of the defendants’ appeal.

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Cell phones have made it easier for people to stay connected and to access data while on the go. However, cell phones can cause car accidents, whether the driver is using them to talk or to text. And while many states, including Illinois, have passed bans on the use of cell phones while driving, doing so has not been able to halt the use of cell phones while driving.

Consequently, the National Transportation Safety Board (NTSB) is looking for other strategies to halt the use of cell phones while driving. Last week it suggested that insurance companies could help limit this widespread problem if they simply refused to pay out for accident claims caused by drivers texting or talking on their cell phones.

And while the NTSB’s idea makes sense and even seems like it could work, insurance companies are not jumping on board. To explain their reluctance to adopt the NTSB’s suggestions, insurance companies explained that one of the main reasons to have insurance is that insurance companies will cover the cost of injuries even if the auto accident is caused by careless or even reckless behavior. And as an insurance specialist and spokesperson for the Consumer Federation of America said, “An accident is an accident.”

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A judge’s job is to enforce the letter of the law. However, every so often a judge is presented with a case that whose law is not laid out in prior statute or case law. Take for instance the personal injury case of Gayane Zokhrabov v. Jeung-Hee Park, etc., 2011 IL App. (1st) 102672. The unique case facts meant that there was no clear legal precedent, leaving it up to the Illinois Appellate Court to establish a new precedent.

Zokhrabov arose out of an Illinois train accident in which Hiroyuko Joho was killed after being struck by a train. The plaintiff in the personal injury lawsuit, Gayane Zokhrabov, was standing on the train platform when Joho was hit by the fast-moving train. Zokhrabov was injured after being struck down by one of Joho’s body parts; she then sued Joho’s estate for her fractured wrist, legs, and shoulder.

The theory of liability in the Illinois personal injury lawsuit was that Joho’s negligence caused Zokhrabov’s injuries and that his estate should be liable for those injuries. Because the fact pattern in Zokhrabov’s was unique and unprecedented, the Cook County judge handling the case relied on a similar Illinois lawsuit to make his ruling – Cunis v. Brennan, 56 Ill.2d 372, 308 N.E.2d 617 (1974).

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The Illinois Appellate Court recently affirmed a trial court’s exclusion of photographs during a Cook County trial. The issue in Sylvester Scales v. Joseph Benne, No. 1-10-2253 (2011), was whether or not the photographs were barred from evidence because the plaintiff’s attorney had not produced them to opposing counsel prior to the start of the trial.

The personal injury lawsuit involved a pedestrian accident in which the parties were disputing whether the defendant’s car had struck the plaintiff, or whether the plaintiff had walked into the defendant’s car. At the time of the car accident, Joseph Benne’s car was in the left-turn lane at the intersection of North and Clybourn Avenues and Sylvester Scales was walking in the same area. At trial, Benne testified that he heard a “thud” on the side of his car; the assumption being that this noise represented the impact with Scales.

Benne also testified that the the turn-lane at the North and Clybourn intersection was long enough to accommodate six cars and that at the time of the car accident his vehicle was fourth or fifth in line. This testimony is significant because vehicles only owe pedestrians a duty if they are within the crosswalk. So if the defense can show that the pedestrian accident occurred four or five car lengths southeast of the crosswalk, then it can show that the defendant driver did not owe a duty to the pedestrian.

In order to refute this testimony, Scales’s attorneys intended to use two photographs of the intersection taken from GoogleMaps and MapQuest and a photograph depicting the make and model of Benne’s car taken from Autotrader.com. However, Benne’s attorney moved to have the photographs excluded on the grounds that Scales’s attorney had not produced them until that point. The judge granted the defendant’s request and the plaintiff was unable to use the three photographs. The Cook County jury went on to enter a verdict in favor of Benne; Scales’s attorney appealed this verdict based on argument that the outcome would have been different if the court had allowed the use of the three photographs at trial.

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The Illinois Appellate Court clarified the duty owed to pedestrians who are outside of set crosswalks in the personal injury lawsuit of Amanda Jimolka v. Chicago Transit Authority, et al., No. 1-10-2894 (2011). The court held that motorists only owe a duty to pedestrians who are within the limits of an identified crosswalk. As a result, the Jimolka matter was dismissed based on evidence that the plaintiff was not within a crosswalk at the time of her injury.

The bus accident at issue occurred in August 2001 near the intersection of Belmont Ave. and Clark St. in Chicago. The plaintiff, Beverly Longo, was walking across the street when she was hit by a CTA bus. Although Longo was outside the crosswalk when she was hit, her guardian alleged that the CTA and its bus driver were still at fault in the pedestrian accident.

Longo’s attorneys contended that she was not in the crosswalk because of heavy pedestrian traffic and also blamed a bike rider who was making a delivery for a sandwich shop. Longo claimed because of these impediments, she was unable to walk in the crosswalk and was forced to walk in other areas. Longo also accused the bus driver of speeding and claimed that if he had been driving at a normal speed that the bus accident could have been avoided.

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An Illinois plaintiff’s request for a new trial was recently affirmed by the Illinois Appellate Court. The appellate court held that a new trial was necessary because the defense attorney had made too many statements in closing argument thought to be prejudicial to the jury. The court ruled that the defendant’s lawyer’s argument crossed the line of fairness and affirmed the grant of a new trial in Michael Lynn v. James L. Miller, No. 1-10-2799.

The original Cook County trial involved the personal injury case filed by the plaintiff Michael Lynn. In 2006, Lynn had been standing at the Chicago intersection of Wentworth Avenue and 33rd Street when he was hit by a car driven by defendant James Miller. In his complaint, Lynn alleged that Miller was driving at unreasonable speeds and had failed to keep a proper lookout, warn Lynn that he was approaching, or keep his car under control.

However, Miller denied that he was negligent or in any way responsible for the Chicago pedestrian accident. Instead, Miller pointed to a bicyclist as the sole proximate cause for the accident. As Miller was approaching the intersection where Lynn was standing, Ional Pusca was riding his bicycle through the intersection. Miller had to swerve to avoid hitting Pusca, which in turn caused Miller to hit Lynn. Given these circumstances Miller contended that it was Pusca and not himself who was responsible for the collision with Lynn.

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When we get into a train, plane, or cab, we expect that the person operating the vehicle will keep us safe, that it is their duty to us as passengers. Yet at what point do we actually become passengers? Is it when we begin to board the vehicle, or when we are inside and seated in the vehicle? The Chicago personal injury lawsuit of Daphne Franks v. Chicago Carriage Cab Corp., Chicago Elite Cab Corp., et al., 09 L 596, hinges on the question of when a person truly becomes a passenger.

The Cook County injury lawsuit involves 40 year-old Daphne Franks, who was talking to a cab driver in the early hours of the morning. At the time the cab was stopped about eight to ten feet from the curb and was partially blocking the flow of traffic. The plaintiff was leaning both her head and shoulders inside the front passenger window as she carried on a conversation with the cab driver.

Meanwhile, Stephen Nuter was driving down the street towards the stopped cab, which was blocking traffic. Nuter ended up rear-ending the cab while Franks was leaning inside the window. The impact from the car accident caused Franks to hit her head on the cab’s window frame as she fell to the ground. Franks not only lost consciousness, but sustained several cuts to her face and a fractured bone. In order to repair the damage caused by the Chicago car accident, the bartender/waitress underwent two plastic surgeries.

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As lawyers, we often hear accounts of clients who sustained fairly severe injuries after being involved in a car accident, yet did not have any medical complaints immediately following the crash. This is the case for a pedestrian who suffered a brain injury after being hit by a SUV. Despite her lack of symptoms at the accident scene, a Cook County jury awarded the plaintiff $713,602.

At the time of the Illinois pedestrian-car accident, the plaintiff was walking across a Northbrook intersection when she was struck by a Lexus SUV. There were opposing accounts of what happened. While the defendant driver stated that she was only traveling at one to two miles-per-hour at the time of impact, the plaintiff alleged that the impact was more severe. Also, while the defendant claimed that she merely bumped into the plaintiff, the plaintiff claimed that the impact was so severe that it caused her head to bounce of the defendant’s hood as she was thrown a few feet away.

However, both parties agree that the plaintiff refused medical treatment at the accident scene and did not immediately go to a hospital. Instead, the plaintiff continued on her way, even going out to dinner that night. In fact, it was at dinner that she began to experience some abnormal neurological symptoms.

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