Chicago Jury Awards $3,933 in Rear-End Collision Injuries

On August 28, 2011, a seminary student was driving on Blackstone Avenue in Hyde Park, Chicago, when a sport utility vehicle rear-ended the plaintiff's vehicle at the intersection with 55th Street. The plaintiff, who had stopped at a stop sign, subsequently filed a negligence lawsuit against the other driver, alleging injuries to the neck, lower back, and arm.

The plaintiff claimed the accident caused soft tissue sprain/strain in the neck, aggravation of pre-existing lower back spondylosis, and severe ulnar nerve neuropathy in the dominant left arm. While the neck injury resolved, the plaintiff reported persistent lower back pain and left arm issues, undergoing various treatments including physical therapy, epidural injections, and ulnar nerve transposition surgery. The plaintiff's medical experts testified that the ulnar nerve condition worsened due to a lesion and that the lower back spondylosis, though pre-existing, became symptomatic after the accident. The defendant argued the plaintiff stopped suddenly and that the vehicle tap was minor. Defense medical experts testified that the lower back sprain/strain had resolved, and the ulnar nerve injury was unrelated to the accident, citing a delay in arm pain complaints.

After an eight-day trial, the jury deliberated for three hours. The jury found the defendant 60 percent negligent and the plaintiff 40 percent negligent. The jury awarded the plaintiff $6,555 in compensatory damages, which was reduced to $3,933 due to the comparative negligence finding.