Q&H Scores Great Victory in Tough Auto Case

James S. Jendryk obtained an outstanding verdict following a two-week trial of a very serious auto liability lawsuit in Will County.  In what plaintiff claimed to be a $10 million lawsuit, the jury returned a verdict for less than one-quarter of 1% of the plaintiff’s request.

Summary Judgment was granted on liability in favor of the plaintiff as a result of a rear-end auto accident.  The plaintiff claimed to have had a severe injury and pain at the time of the accident but did not tell the investigating police officer about the claimed injury.  He returned to work, told his supervisor, and was sent to the company clinic, where he was treated.  The treating doctor believed that plaintiff suffered a soft tissue injury and that his additional complaints were exaggerated.  That opinion caused credibility to become a substantial issue. 

The facts and evidence revealed that the plaintiff had had a microdiscectomy performed at L3-4 and L4-5 in March of 1998, following a work-related accident in 1997.  Plaintiff’s physician testified that there were still ongoing complaints at the time he last saw the patient in September of 1998. 

The plaintiff claimed that, as a result of the car accident, he underwent 4 surgical procedures on his back and presented five doctors at trial to attest to this claim.  He complained of lower back pain from the day of the accident through the date of the trial.  In April of 2009, the plaintiff was adjudicated permanently disabled, never being able to return to work. 

Claimed medical expenses were over $562,000, and claimed future medical expenses were over $500,000.  The plaintiff also claimed past lost wages of over $276,000 and future wage losses exceeding $1.5 million. The plaintiff was 50 years old at the time of trial.

On behalf of the defendant, Mr. Jendryk presented two experts, who indicated that there was no need for surgery and that the injury caused by this accident was of a soft-tissue variety.   Two MRI’s of plaintiff from June of 1998 and August, 2005, showed no change in any structural issue and no sign of acute injury. There was no medical treatment from September, 1998 until the date of the accident.  There was a notation in plaintiff’s doctor’s records that indicated that the plaintiff was “almost pain free” at that time. 

Following the close of evidence and argument, attorney for the plaintiff, asked for an award of $10.3 million, based on the fact that the plaintiff was permanently disabled and would never be able to return to work.  The jury returned a verdict of only $25,700.