Q&H shareholder Tom Burke recently obtained a not guilty verdict at trial for his clients, the Village of Libertyville, in the Lake County, Illinois circuit court. In the case, the plaintiff was a 38-year-old pharmacist who was riding her son’s bicycle on a Village sidewalk and fell from the bicycle, striking her head on the sidewalk and sustaining severe brain damage, blindness, and total disability.
The plaintiffs claimed that the accident was caused by plaintiff striking a utility sign planted too close to the sidewalk. The plaintiffs presented evidence of $2.4 million in past and future wage losses, over $6 million in past and future medical expenses, and asked the jury for almost $30 million.
The jury found in favor of the Village, accepting Tom’s arguments that plaintiff did not hit the sign, but rather her fall was caused by plaintiff becoming entangled in the bicycle, which was far too small for her to safely operate. Tom also argued that even if the plaintiff struck the sign, the Village was not negligent because it did not own the sign, did not install it and the sign was not installed on Village property. Finally, Tom argued that the plaintiff was contributorily negligent for operating a bicycle that was too small for her to ride safely, at night, without a headlight, without a helmet, and riding too close to the border of the sidewalk.
The plaintiffs presented a total of seven expert witnesses. The jury deliberated for less than two hours before returning its not guilty verdict, clearing the Village of any wrongdoing.
