Motorcycle Crash, Contributory Negligence

Style of Case: Steven Reed v. Jackson Kimangu
Client:    Jackson Kimangu & St. Louis County Cab
Trial End Date:   2/20/2008
Court:    20th Judicial Circuit Court, St. Clair County, Illinois
Type of Case:    Motorcycle Crash, Contributory Negligence
Judge:    The Honorable Patrick Young
Reed Armstrong Lawyer who tried the case:  William B. Starnes II
Jury Verdict

Jackson Kimangu was an independent cab driver for St. Louis County Cab. St. Louis County Cab was previously dismissed on motion for summary judgment because the cab driver was an independent contractor. Defendant had a yield sign at south bound 25th Street where it merged into South bound Caseyville Avenue in East St. Louis, Illinois. Caseyville Avenue traffic had the right of way. Defendant testified he looked twice to his left and saw no traffic approaching before he committed to enter the intersection. His vision was partially obstructed by a World War I Monument. He then saw plaintiff’s motorcycle proceeding toward him at a high rate of speed (estimated at 70 mph in a 35 mph zone). The motorcycle struck the rear left door of the taxi cab. The plaintiff motorcyclist could not remember the accident.

Plaintiff’s undisputed medical expenses were just under $28,000 for multiple non-operated facial fractures, toe fracture, abraisions, lacerations, and hematomas. In addition he sought recovery for wage loss, pain, loss of normal life and disfigurement.

The jury found for plaintiff awarding all medical expenses and an amount for pain and suffering but no other elements of damages. The jury found plaintiff to be 49 percent at fault. The net verdict for plaintiff was $32,000. Defendant had offered to pay medical expenses only before trial.

Last Demand:    $300,000
Verdict:    $32,000 for plaintiff.