Passen & Powell Secures Highest Verdict Ever Recorded in Illinois for Soft Tissue Injuries to 76-Year-Old Truck Accident Victim
On March 25, 2008, a Cook County jury returned a verdict of $610,000 in favor of a husband and wife, ages 80 and 76 respectively, who was rear-ended by a semi truck on I-90 near the Illinois/Wisconsin border on April 12, 2004. The defense admitted negligence, but claimed the plaintiffs were not injured as a result of the accident to the degree and extent alleged.
The 76-year-old wife sustained soft tissue injuries to her neck, shoulders and upper back. She incurred $55,255.30 in medical bills. She was treated by her primary care physician and received physical therapy through the present time. The defense argued that she was fully healed as of September 2004. The jury awarded her $550,000, including damages for future medical treatment, pain and suffering and loss of normal life.
According to the Cook County Jury Verdict Reporter, the $550,000 verdict to a 76-year-old female is the highest verdict ever reported anywhere in Illinois to a plaintiff over the age of 60 for purely soft tissue injuries.
Her 80-year-old husband sustained an injury to his right shoulder as a result of the motor vehicle accident, which led to him having surgery to repair a torn rotator cuff in 2007. He incurred $25,987.50 in medical bills. The defense argued that the rotator cuff tear was a preexisting condition that was only temporarily aggravated. The jury awarded him $60,000. The husband was unfortunately unable to have rotator cuff repair surgery until June 2007 because of unrelated cardiac problems.
The case was tried by Stephen M. Passen and Matthew A. Passen of Passen & Powell for the plaintiffs.