Intersection Crash, Percutaneous Discectomies

Style of Case: Jason Beard v.
Client:    Donald Libell
Trial End Date:   5/20/2008
Court:    Third Judicial Circuit Court, Madison County, Illinois
Type of Case:    Intersection Crash, Directed Verdict on Negligence
Judge:    The Honorable Nicholas G. Byron
Reed Armstrong Lawyer who tried the case:  Dominique N. Seymoure
Jury Verdict

On March 31, 2001 at the intersection of Illinois Route 111 and Horseshoe Lake Road in Madison County, the front end of defendant’s vehicle struck the side of the plaintiff’s vehicle. Plaintiff claimed defendant Don Libell was negligent in the operation of his vehicle in failing to stop for a red light. The Defendant presented evidence that fog impeded his ability to observe the traffic light. Further, the Defendant argued the plaintiff was contributorily negligent in driving to fast for the conditions considering the fog. At trial, the Court determined the Defendant was negligent.

The plaintiff claimed permanent injuries to his low back that caused him to be totally disabled from all forms of employment and caused him to incur medical bills of approximately $35,000. Defendant argued Plaintiff was not injured to the extent he claimed and the majority of his treatment, which included two percutaneous discectomies, and his ongoing complaints were caused by the pre-existing degenerative conditions in his back. Plaintiff asked the jury to award him $1,000,000 at trial. The jury returned a verdict in favor of Plaintiff and his assessed his total damages at $100,000. The jury also determined the plaintiff was 30% contributorily negligent, thus reducing the verdict to $70,000.

Last Demand:    $100,000 (withdrawn)
Verdict:    $70,000