Dead Man’s Act leads to Not Guilty.
Attorney Patrick Wall successfully defended the Estate of a deceased motorist who had been sued for permanent and debilitating injuries which affected her daily living. The plaintiff alleged at the time of the accident that the deceased motorist proceeded across a through street and negligently collided with the plaintiff. The plaintiff alleged the defendant failed to yield the right-of-way while crossing the street. Subsequent to the accident, the defendant died of causes unrelated to the accident. The plaintiff alleged permanent residual migraine headaches and upper extremity radicular symptoms. The defendant successfully moved to exclude the plaintiff’s testimony regarding the facts of the accident using the Dead Man’s Act. Further, Mr. Wall utilized the Dead Man’s Act and Illinois case law to bar the responding police officer’s opinion testimony as it related to the point of impact and all accident reconstruction. This left the police officer only able to testify as to the defendant’s statements, which did not demonstrate negligence. The plaintiff was left with the officer’s visual observations at the scene of the accident, which was insufficient to show liability. At the conclusion of trial, the plaintiff requested approximately $550,000. The jury deliberated for less than an hour and returned a verdict of Not Guilty in favor of the deceased motorist.
Although the Dead Man’s Act may not completely bar entire claims, its proper application can severely reduce the possible theories under which a defendant may be held liable.
Q&H Obtains Not Guilty Verdict in Auto-Bicycle and Auto-Auto Accident Cases
Joliet, Illinois office attorney Rich Turiello obtained a not guilty verdict at trial in a case where the plaintiff, a 13-year-old bicyclist, alleged that our client was traveling too fast and not keeping a proper lookout causing a collision between plaintiff bicycle and our client’s car. The minor sustained a fractured left ankle and incurred $17,000 in medical bills.
Mr. Turiello also obtained a not guilty verdict at trial in an auto accident case where the plaintiff suffered a comminuted fracture of her right patella that required surgery. The plaintiff’s claim of damages exceeded $250,000. The jury deliberated for 40 minutes and returned a not guilty verdict.
First Trial Success
Attorney Brian Begley recently completed his first jury trial and obtained excellent results. Mr. Begley defended a motorist that rear-ended another vehicle causing moderate damage. An adult and a minor plaintiff filed lawsuits alleging severe and permanent injuries. The adult plaintiff claimed $15,000 in medical bills and asked for $75,000. The jury awarded her $5,500 of her medical bills, $1,000 for pain and suffering and zero for loss of a normal life. The minor plaintiff claimed $3,000 in medical damages and asked the jury for $15,000 for pain and suffering and loss of normal life. The jury awarded $950 of the medical bills, $125 for pain and suffering and zero for loss of normal life.
