Rear-End Auto, Personal Injury, Admitted Negligence

Style of Case: Wendy Swalls v. Maralina Feeney
Client:    Maralina Feeney
Trial End Date:   2/19/2009
Court:    Third Judicial Circuit Court, Madison County, Illinois
Type of Case:    Personal Injury Auto, Rear-end Accident, Admitted Negligence
Judge:    The Honorable Barbara Crowder
Reed Armstrong Lawyer who tried the case:  Dominique N. Seymoure
Jury Verdict

Plaintiff was driving a 2004 Ford Escape southbound on Illinois State Route 159 at its intersection with Illinois Route 162 in Maryville, Illinois. The defendant, driving a 1988 Toyota Camry, was also traveling on IL 159 directly behind the plaintiff. The defendant testified she stopped behind the plaintiff and while glancing down to adjust her radio, she saw the cars in the left-turn lane moving. She took her foot off the brake mistakenly thinking the light had changed to green. Her car moved forward and hit the rear of the plaintiff’s vehicle. The plaintiff admitted she did not see the defendant at any time prior to the impact but estimated the defendant’s speed at 40-45 miles per hour. The plaintiff claimed the accident injured her neck and upper back and caused her to develop de Quervain’s tenosynovitis, a condition affecting the tendons that control the thumb, in her left wrist. The defendant admitted she was negligent but denied the plaintiff was injured to the extent claimed. The defendant presented evidence showing the minimal nature of the impact and that the plaintiff did not make complaints about her left wrist when she was seen in the emergency room the following day. The plaintiff asked the jury to award her $100,000 at the trial. The jury returned a verdict for the plaintiff for $12,600.

Last Demand:    “Something in the low $40,000’s<“
Verdict:    $12,600