Peter Maxwell v. Marius Nekrosius and the Estate of Valerie Bonolo

Michael Stephen Agruss

Case Conclusion Date:September 22, 2005

Practice Area:Personal Injury

Outcome:After a three-day trial in which the jury heard testimony from Plaintiff, Plaintiff’s wife, Plaintiff’s chiropractor, and Defendant’s expert, the jury returned a defense verdict for both Defendants.

Description:Michael Agruss represented Plaintiff. On September 25, 2001, Plaintiff was a passenger in a cab driven by Defendant, Nekrosius, traveling southbound on Spring Road in Oak Brook. Nekrosius was changing lanes and accelerating when a northbound car driven by Defendant, Bonolo, made a left turn at Commerce Drive in front of the cab, causing a collision in the intersection. Plaintiff, a car dealership manger, claimed the impact caused soft tissue injuries to his neck/back, nose, and right leg, with cervical whiplash syndrome and headaches. Bonolo died of unrelated causes several months after the accident, and the Dead Man’s Act applied. However, Bonolo had plead guilty to the moving violation ticket for failure to yield, which was allowed into evidence. Defense for Nekrosius contended that he had a solid green light, and therefore, had the right of way. Defense for both drivers contended Plaintiff was not injured or not injured to the extent claimed.