Will County Jury Finds in Favor of the Plaintiff in an Automobile Accident that Resulted in the Amputation of the Plaintiff’s Arm

The November 2010 edition of Chicago’s Law Bulletin highlighted several recent jury verdicts in Illinois.  One of particular interest involved a case tried in Will County, before Judge Susan T O’Leary.  John Kirkton, of the Law Bulletin writes:

"On June 21, 2005 James Gron’s Dodge Neon, which was traveling northbound on Route 30 in Oswego, was sideswiped by defendant’s southbound gravel dump truck at a curve in the road. Allegedly, the truck crossed over the center line. James (25), who had been driving with his left arm resting on the car’s window ledge, suffered near total amputation of the arm during the collision, and underwent multiple reconstructive surgeries. The defense maintained, supported by testimony from an Oswego police officer, that it was plaintiff who had crossed the center line. However, on February 19, 2010 the jury returned a net verdict of $1,060,462 for James, plus $33,120 to his wife Kitty for loss of services—but nothing for her loss of society."

Although auto-accidents are often litigated in the Illinois court system, this case is unusual for several reasons.  To begin with, amputations are fairly rare in traffic crash cases.  In addition, the courts ruled in favor of the plaintiff, despite the fact that his arm was resting outside of the vehicle.  However, the jury found the defendant to be liable for the injuries of the plaintiff, and did not find the plaintiff to be contributorily negligent.   

Jury Rules Against the General Contractor of a Chicago Elevator Construction Site, Awarding for the Plaintiff in a Work-Related Personal Injury Case

Jobs that involve a high degree of manual labor often yield the largest number of Workers’ Compensation cases.  When an injury occurs while the employee is completing what are considered to be part of the day-to-day job requirements, that employee often has a Workers’ Compensation case. 

Yet accidents at work can sometimes be litigated as Personal Injury cases in instances in which negligence is a factor. Aguilera v. FHP Tectonics is such an instance. 

The Plaintiff, David Aguilera was injured when he fell through an elevator shaft while working for the Chicago Transit Autority on an expansion project for the Brown Line.  Mr. Aguilera had opened the door of a freight elevator, which opened despite the fact that the elevator was not on that level.  He then fell approximately twenty feet down the elevator shaft.  Mr. Aguilera sustained serious medical injuries, including a torn meniscus, a torn anterior cruciate ligament in his knee, a concussion and lumbar strain.  Mr. Aguilera and his attorneys argued that he was permanently injured as a result of this accident and that he would be unable to find sufficient employment given his permanent disabilities.

Mr. Aguilera’s attorneys argued that his injuries were caused by negligence on the part of the site’s general contractor, FHP Tectonics.  The jury was asked to consider whether the contractor sufficiently managed the safety of employees, specifically Mr. Aguilera.  The jury found in favor of Mr. Aguilera in the amount of $534,379.