Defendant Admits Liability In Rear End—Collision That Followed A Physical Therapy Visit By Plaintiff

Julie Lopez v Edwin Aquino, Jr. 04L-1927

• Verdict: $31,000 ($15,000 past and future pain & suffering; $10,000 past and future medical expenses; $3,000 past and future loss of normal life; $3,000 LT)
• Judge: Richard B. Berland (IL Cook-Law)
• Pltf Atty: John A. O’Meara of Joseph R. Curcio Ltd.
• Demand: $100,000
• Asked: $494,151
• Deft Atty: Daniel R. Woods of Condon & Cook
• Offer: $15,000
• Pltf Expert: Dr. Michael Treister (Orthopedist)
• Deft Expert: Dr. Howard Freedberg (Orthopedist)

Defendant rear-ended Plaintiff’s vehicle on southbound Oak Park Ave. at an estimated 30-35 mph. Plaintiff F-30, who was returning home from physical therapy for a prior ankle injury, claimed the collision caused herniated discs at C4-5 and C5-6, as shown on post-collision MRI and probably requiring future discectomy and fusion, plus aggravation of pre-existing ankle injury ($9,655 past medl., $2,696 LT as CTA employee). Defense admitted liability, but contested nature and extent of injuries, arguing Plaintiff only suffered short-term exacerbations of pre-existing conditions. Plaintiff had been receiving treatment from a chiropractor prior to the occurrence, and pre-existing degenerative disc disease was reportedly documented and acknowledged by both experts.