Lake County Jury Verdicts - Lake County Bar Association

Type of Action: Automobile Collision

Name of Case: Antonio Sanchez v. Robert W. Dodd

Type of Injuries: Neck, shoulder and back pain; herniated disc

Date of Jury Trial: April 30, May 2 and 3, 2007

Court/Case #: 45D11-0405-CT-00107

Court Order If No Jury: N/A

Name of Judge: Judge Jeffery J. Dywan

Damages Awarded: $40,000.00

(Specify Compensatory, Punitive or Defendant’s Verdict): Compensatory

Attorney for Plaintiff: Patrick McFarland

Attorney for Defendant Christopher Johnson, STATE FARM

Case Information: Plaintiff testified that on June 4, 2002, he was traveling southbound on Indianapolis Boulevard in Hammond just directly south of the 9-span bridge. He further testified that the stoplight changed from green to red at the intersection ahead of him at

Indianapolis Boulevard and Summer

Street, and traffic stopped in front of him. He testified that after he

stopped, he was struck in the rear by the Defendant.

Defendant testified that he was traveling directly behind the Plaintiff at approximately 20 miles per hour with a distance of two car lengths between them. He further testified that the Plaintiff stopped suddenly and he collided into the rear of Plaintiff’s vehicle.

Both Plaintiff and Defendant testified that it was raining at the time of the collision.

Defendant’s insurance carrier at the time of the collision was State Farm Mutual Automobile Insurance Company. Plaintiff’s demand was $15,000.00; Defendant’s offer was $8,300.00.

Plaintiff’s losses claimed were medical expenses of $7,592.81. The jury assessed fault as 100 percent to Defendant and zero percent to Plaintiff. Total damages found by the jury were $40,000.00.

Plaintiff’s experts who testified were Dr. Arvind Kakodkar and Dr. Jeffrey Tioco, Plaintiff’s treating physicians. Defendant’s expert who testified was Dr. Ralph

Buschbacher, who did a records review of the Plaintiff’s medical records.

Type of Action: Automobile Collision

Name of Case: Diane Cunningham v. Julia Trout

Type of Injuries: Neck, shoulder and back pain

Date of Jury Trial: May 16 and 16, 2007

Court/Case #: 45D11-0504-CT-00074

Court Order If No Jury: N/A

Name of Judge: Judge Jeffery J. Dywan

Damages Awarded: $22,500.00

(Specify Compensatory, Punitive or Defendant’s Verdict): Compensatory

Attorney for Plaintiff: Patrick McFarland

Attorney for Defendant William K. Deer

Case Information:Plaintiff testified that on May 30, 2004, she was traveling on State Road 231 towards Hebron from Crown Point. She further testified that she did not see the Defendant prior to the collision but felt an impact on the driver’s side. She testified that the collision occurred on State Road 231 near its intersection with Arizona Street. She further testified that her airbag deployed as a result of the collision.

Defendant’s insurance carrier at the time of the collision was Allstate Insurance Company. Plaintiff’s demand was $90,000.00; Defendant’s offer was $15,000.00.

Plaintiff’s losses claimed were medical expenses of $17,374.52. Defendant had admitted liability.

Plaintiff’s experts who testified were Dr. Helen Sagalvosky, Dr. George Abu-Aita and Maryanne Krug, P.T.

Type of Action: Automobile Collision

Name of Case: Gloria Walker v. Jeffrey Wright

Type of Injuries: Neck, back and wrist pain

Date of Jury Trial: May 14 and 15, 2007

Court/Case #: 45D11-0510-CT-00203

Court Order If No Jury: N/A

Name of Judge: Judge Jeffery J. Dywan

Damages Awarded: $0.00

(Specify Compensatory, Punitive or Defendant’s Verdict): Compensatory

Attorney for Plaintiff:Thomas L. Kirsch

Attorney for Defendant Michael E. Tolbert ,Colby Barkes

Case Information: Plaintiff testified that on March 7, 2005, she was at the Speedway Gas Station located on the corner of 93^rd and Broadway in Merrillville. She further testified that as she was leaving the parking lot, Defendant backed up into her vehicle and struck her vehicle on the left rear fender. Property damage to Plaintiff’s vehicle totaled $831.03.

Defendant testified that as he was backing out of a parking space at the Speedway Gas Station, he felt a slight bump. He further testified that he did not see the Plaintiff’s vehicle prior to the collision.

Defendant’s insurance carrier at the time of the collision was State Farm Mutual Automobile Insurance Company. Plaintiff’s demand was $9,000.00; Defendant’s offer was $1,500.00.

Plaintiff’s losses claimed were medical expenses of $5,990.91.

Plaintiff’s expert who testified was Dr. C.J. Yoon, her treating physician.

Type of Action: Personal Injury

Name of Case: Claire Pierce v. Dmitar Konjevic

Type of Injuries: TMJ, Temporal Mandibular Joint Syndrome

Date of Jury Trial: May 14and 15, 2007

Court/Case #: 45 CO1-9612-CT-2574

Court Order If No Jury: N/A

Name of Judge: Judge Lorenzo Arredondo

Damages Awarded: $9,260.47

Attorney for Plaintiff: Andrew Yoder

Attorney for Defendant Mathew Latulip

Case Information: Plaintiff suffered a rear-end collision. As a result, Plaintiff claimed (TMJ). Defendant admitted fault.

Type of Action: Medical Malpractice

Name of Case: Thomas J. Juretic and Lisa B. Juretic, Individually and as Next of Friend to Thomas Juretic, Jr., a Minor

Type of Injuries: Disabilities due to stroke at birth

Date of Jury Trial: May 7, 2007

Court/Case #: 45 CO1-9803-CT-00538

Court Order If No Jury: N/A

Name of Judge: Magistrate Richard McDevitt

Damages Awarded: $0.00

Sanctions Ordered: N/ASpecify Compensatory, Punitive or Defendant’s Verdict: Defendant’s Verdict

Attorney for Plaintiff: Francis J. Schafer

Attorney for Defendant Gregory A. Crisman

Case Information:Forceps delivery. Child suffered stroke at birth due to cerebral infarct, leaving him with certain disabilities.

Type of Injuries: Neck, lower back injuries & 20% permanent impairment of her whole body

Case Information: The Plaintiff claimed the Defendant was careless and negligent in the operation of his motor vehicle on April 5, 2005 in Griffith, Indiana causing it to collide with the rear of a vehicle driven by the Plaintiff. As a result of the automobile accident, the

Plaintiff claimed she sustained injury to her person and property, experienced pain, suffering and mental anguish, incurred medical expenses, and lost wages. Plaintiff’s claimed injuries included: neck pain, low back pain and 20% permanent impairment to her whole body.

The Defendant admitted that he was at fault for the accident. However, the Defendant did not concede that the Plaintiff’s injuries, if any, were proximately caused by the accident. Further, the Defendant disputed the nature and extent of the Plaintiff’s alleged injuries and damages.

The Defendant also claimed the Plaintiff did not use reasonable care to minimize her damages.

Medical evidence was presented on behalf of the Plaintiff through video taped deposition of Dr. Charles Green, a Chiropractor practicing in Calumet City, Illinois. Dr. Green was retained by Plaintiff’s counsel to conduct an examination of Plaintiff, but subsequently provided treatment to her.

Medical evidence was presented on behalf of the Defendant through video taped deposition of Dr. Scott Kale, an internist/rheumatologist practicing in Skokie and Chicago, Illinois, who was retained by the defense to conduct a medical exam of the Plaintiff and review her records.

The Jury returned its verdict in favor of the Plaintiff, Ora Williams, and against the Defendant, Ricardo Flores, Jr., and awarded damages in the sum of $14,000.00.

Case Information: In 2001, the Plaintiff, then age 74, developed osteomyelitis, a bone infection, in his foot which required surgical intervention in October, 2001. After surgery the Defendant was consulted to treat the infection and did so by prescribing the administration of the antibiotic, Tobramycin. The Plaintiff claimed that the Defendant breached the standard of care in prescribing and/or continuing Tobramycin for the treatment of his osteomyelitis. The Plaintiff further claimed that these alleged breaches of the standard of care caused him to develop vestibular toxicity resulting in permanent balance problems.

SEQ CHAPTER \h \r 1 The Defendant denied that she was negligent in prescribing Tobramycin or that she was negligent in failing to discontinue the medication at any point during Mr. Ketchum’s therapy. The defendant further denied that the majority of Mr. Ketchum’s balance problems were caused by Tobramycin. A Medical Review Panel found in favor of the Plaintiff.

Medical evidence was presented on behalf of the Plaintiff by live testimony of two members of the Medical Review Panel: Dr. Renita Brown, an infectious disease physician from Indianapolis, Indiana; and Dr. Maria Ferling-Curfman, an internist/infectious disease physician from Lafayette, Indiana.

Medical evidence was presented on behalf of the Defendant by video deposition of Dr. Joseph Koscielniak, Jr., the orthopedic surgeon from Merrillville, IN who performed surgery on Plaintiff’s foot prior to the treatment by Dr. Weaver; by live testimony of Dr. John Segreti, an infectious disease physician from Chicago, IL; by video deposition of Dr. James Malayter, an orthopedic surgeon from Chesterton, IN, who provided care to the Plaintiff for an extended period of time both before and after the treatment by Dr. Weaver; and by live testimony of Dr. Timothy C. Hain, a neurologist specializing in dizziness and balance from Chicago, IL, who reviewed Plaintiff’s medical records and examined him to offer opinions as to his alleged injuries.The Jury returned its verdict in favor of the Defendant and against the Plaintiff.

Case Information: The Plaintiff, Ronald Trial, claimed that he was employed as a pipefitter repairman by U.S. Steel in Gary, Indiana, where he was working at #4 blast furnace on September 4, 2002. When U.S. Steel “blew the trough” below where he was working, clouds of dust, dirt, steam, and heat rose up and obscured visibility. Plaintiff claimed this caused him to leave his work place to find clear air. In the ensuing confusion Plaintiff claimed he stepped and fell into a unmarked hole in a platform created by a section of steel grating which had been removed by the Defendant. The plaintiff claimed that he broke two ribs in the fall and developed a synovial cyst in his back for which surgery had been recommended but not performed as of the date of trial. Plaintiff further claimed he was forced to take an early retirement from U.S. Steel because of his injuries. The plaintiff claimed the Defendant was negligent in removing the steel grating without roping off the opening and that this negligence was the proximate cause of his injuries.

The Plaintiff, Laura Trial, claimed that as a result of the negligence of the Defendant and the injuries of her husband, she lost his care, comfort and society.

The Defendant, BMI, denied that it removed the grating and claimed that it did nothing to contribute to the Plaintiff’s fall or to his claimed injuries. The Defendant also disputed the nature and extent of the Plaintiffs’ claimed injuries. The Defendant further claimed that the Plaintiff, Ronald Trial, was at fault for causing his own alleged injuries and that U.S. Steel, who was not a party, was at fault in causing Plaintiff’s alleged injuries.

Medical evidence was presented on behalf of the Plaintiffs by deposition testimony of Dr. Kirnjot Singh, an orthopedic spine surgeon practicing in Valparaiso, Indiana; by deposition testimony of Dr. Rakesh Anand, a family doctor practicing in Merrillville, Indiana; and by live testimony of Dr. Jeffery Smith, a family doctor practicing in Merrillville, Indiana.

Financial evidence was presented on behalf of the Plaintiffs by live testimony of John Fritz, Financial Secretary of the Steel Workers Union.

Medical evidence was presented on behalf of the Defendant by deposition testimony of Dr. Elian Shepherd, a spinal surgeon practicing in Merrillville, Indiana, who reviewed Plaintiff’s medical records.

Financial evidence was presented on behalf of the Defendant by live testimony of Dr. James Bernard, an economist from Valparaiso, Indiana.

The Jury returned a verdict in favor of the Plaintiff, Ronald Trial, and against the Defendant, BMI Refractory Services, Inc., finding BMI and U.S. Steel each 50% at fault. Finding total damages of $400,000.00 the jury awarded Plaintiff the sum of $200,000.00. The Jury further returned a verdict in favor of the Defendant, BMI Refractory Services, Inc., and against the Plaintiff, Laura Trial.

Name of Case: Jesse Delvalle and Jeanette Delvalle v. George Rule and Frank Miller

Attorney for Defendant: Edward W. Hearn for the Defendant, George Rule and Harold Hagberg for the Defendant, Frank Miller

Case Information: The Plaintiffs claimed that on October 7, 1995, all parties were traveling northbound on I-65 at approximately the 258 mile-marker, near the exit from I-65 to west bound I-94 in Lake County, Indiana. The Plaintiffs further claimed that the Defendants were operating their motor vehicles in a careless and negligent manner so as to cause a collision between the Defendants’ vehicles and the Plaintiffs’ vehicle. It was undisputed that Plaintiff’s vehicle was struck in the rear by that driven by the Defendant, The Plaintiff, Jesse Delvalle, claimed injuries and damages

Frank Miller, when Plaintiff slowed or was stopped for traffic which was backed up from the westbound I-94 exit ramp. Miller, however, claimed that his vehicle was struck in the rear by that driven by the Defendant, George Rule, forcing his vehicle into the rear of the Plaintiff. The Plaintiff, Jesse Delvalle, claimed to have sustained injuries to his neck and back in the collision and developed headaches and ringing in the ears. The Plaintiff, Jeanette Delvalle, claimed loss of consortium as the result of the injuries to her husband. The Plaintiffs claimed Jesse Delvalle incurred medical expenses in the amount of $12,294.00 and lost wages in the amount of $78,936.00 as a result of being unable to ever return to work following the collision.

The Defendants denied they were negligent in the manner alleged by the Plaintiffs. The Defendants further disputed the nature, extent and proximate cause of the Plaintiffs’ claimed injuries and damages. During final argument, however, and after the jury had been instructed on the substantive law applicable to the case, including comparative fault, the Defendant, George Rule, admitted he was 100% at fault for causing the collision. As a result of that admission the Defendant, Frank Miller, was dismissed from the case. Accordingly, the only issue left for jury determination was the nature and extent of the injuries and damages, if any, suffered by the Plaintiffs as a result of the collision.

Medical evidence was presented on behalf of the Plaintiffs by video deposition of Dr. John S. Midmore, an internist practicing in Portage, Indiana.

Medical evidence was presented on behalf of Defendant Rule by live testimony of David Franklin, a physical therapist from Portage, Indiana, video deposition of Dr. Christina Diaz, a neurologist from Ft. Meyers, Florida, and deposition testimony of Dr. Richard Blonsky, a neurologist from Chicago, Illinois. The Jury returned its verdict in favor of the Plaintiffs, Jesse and Jeanette Delvalle, and against the Defendant, George Rule, and awarded damages in the sums of $135,118.01 (Jesse Delvalle) and $12,500.00 (Jeanette Delvalle).