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 Cantor Simon Law Group for a free initial consultation today!