Pedestrian Accident
N/AOUTCOME:
Pedestrian versus auto; reconstruction/ conspicuity defense expert retained; verdict for Plaintiff, but jury assessed 15% reduction for Plaintiff's contributory negligence.
Andrea Collins's Legal Cases (3)
Lisle, IL
Litigation Lawyer at Lisle, IL
Practice Areas: Litigation, Personal Injury, Family
Defense Verdict in Low-Speed Truck Accident
N/AOUTCOME:
Low speed commercial truck accident with minimal property damage. Plaintiff claimed the impact was severe, pushing his truck forward several meters. Plaintiff had a significant history of injuries an ... d degeneration in his cervical spine that pre-dated this accident, including a prior recommendation for a single level fusion. Despite this prior medical history, Plaintiff claimed the impact of this truck accident caused significant injuries to his neck, including a new disc herniation and the onset of new pain radiating into his arm, and alleged the new symptoms necessitated a multi-level fusion in his neck. Through the testimony of a defense expert and plaintiff’s own physicians, Ms. Collins established Plaintiff’s significant history of complaints, injury, and degenerative conditions in his spine. This evidence showed that Plaintiff’s alleged new symptoms were nearly identical to his symptoms prior to the truck accident. With this evidence, Ms. Collins argued that the accident only caused plaintiff a temporary neck sprain injury, and that such an injury would have resolved within a few weeks of the accident with physical therapy. During the closing argument, plaintiff’s counsel asked the jury to award plaintiff over $250,000 in damages. The jury deliberated and limited plaintiff’s recovery to $21,000, consistent with Ms. Collins’ position and arguments to the jury.
Successful Defense of Significant Injury Claims
N/AOUTCOME:
SpyratosDavis LLC Attorneys Christopher Lunardini and Andrea Kmak (Collins) obtained an excellent outcome following a jury trial in Kendall County. The case involved an auto accident that occurred in t ... he drive-thru of a fast food restaurant. Plaintiff claimed that the impact was severe and occurred at a higher speed, while defendant argued that the accident occurred at low speed. Plaintiff claimed that the impact caused significant injuries to his cervical spine, including the onset of new radicular pain in his arm. Plaintiff alleged that the accident caused him to undergo a spinal fusion surgery in his neck two months after the accident. The defense established that plaintiff had a four-year history of degenerative disc disease in his cervical spine. The defense contended, through the testimony of witnesses and a medical expert, that the impact was minor and caused almost no damage to either vehicle. Defense counsels also argued that the accident only caused plaintiff a temporary neck sprain injury, if any, and that such an injury would have resolved within a few months of the accident. The defense also stated that plaintiff’s injury, at best, required only physical therapy and conservative treatment. During the closing argument, plaintiff’s counsel asked the jury to award plaintiff approximately $600,000 in damages, with approximately $150,000 of the damages representing plaintiff’s bills for medical treatment and the cervical spine fusion surgery. After deliberation, the jury only awarded plaintiff $53,000 in total damages, consistent with defense counsels’ recommendations.
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