In the recent Illinois case of Barnes v. Svec, III., the Circuit Court took a dim view of a defendant driver who was not paying attention while on his cell phone.
Barnes, 71, was driving her car when a van broadsided her after allegedly running a red light. Barnes suffered numerous injuries, including massive internal injuries, requiring a splenectomy; bleeding on the brain; a punctured heart; and multiple pelvic fractures. As a result of the injuries, Barnes had to be placed in a medically induced coma for several days. Her past medical costs were about $756,700. A retiree, Barnes did not claim lost income.
Barnes sued the driver and his employer under a theory of respondeat superior, alleging negligent operation of a vehicle. Plaintiff alleged the driver was distracted because he was using the global positioning system function on a cell phone while driving.
Defendants admitted liability at trial, and the parties settled for $4.1 million, which the employer’s insurance will cover.
If your case involved another driver who was inattentive for any reason, then click on “CONTACT US or call The Simon Law Group for a free initial consultation today!]]>