Personal Injury Victories
Slip And Fall On Sidewalk Ice
An unusually warm Valentine’s Day led a man and his wife to take an evening stroll. As they walked down the sidewalk in near 60-degree weather, the retired Wife slipped and fell on a patch of ice. Her fall resulted in a fractured wrist and various bumps and bruises. We successfully prosecuted a claim against homeowners and the various tradesmen for negligently allowing the sump pump to discharge water which ran down the slope of their property and deposited water onto the sidewalk. As temperatures fell at night, the water turned to ice. While all defendants denied any wrongdoing the case, settlement was finally achieved in the amount of $120,000.
Broken Leg In Car Accident
A passenger in an automobile being driven by his friend sustained a fractured leg when the driver lost control of his vehicle. The two had been driving westbound on I-290 after a night out on the town. No other cars were involved in the accident – the driver simply wasn’t paying attention, veered off the roadway and struck objects along the embankment. Prior to filing a lawsuit, Martoccio & Martoccio successfully persuaded the driver’s insurance company to tender the policy limits of $250,000.
Slip And Fall On Ice At Condo Building
Martoccio & Martoccio successfully represented a client who suffered a cut thumb while walking to her car after visiting her friends at a condo on Lake Shore Drive. The ice she slipped on was visible, and the injury occurred in the middle of the day. It was a “natural” accumulation of ice, which normally eliminates any chance of recovery for the injured party. Fortunately, our attorneys successfully argued that the accumulation of ice was assisted by the negligent installation of the brick driveway that abutted the sidewalk, which resulted in a ½ inch dip in which water (and ice) could accumulate. We recovered $29,000.
Car Vs. Semi
Martoccio & Martoccio represented a client who was a passenger driving with her sister (a nun) when a collision occurred between the car and a semi. Liability was disputed, the semi driver stating the collision occurred as a result of the negligence of the Sister. While we question the wisdom of that allegation for a number of reasons, his insurer apparently felt that going to trial against a nun was not in their interests. For our client’s broken arm, we recovered $90,000.
T-Boned At Intersection
Martoccio & Martoccio represented a man was driving down the roadway, at least until another driver exiting a parking lot decided to try to merge into his lane. Our client, who was apparently driving an invisible car, sustained a neck injury that included a herniated disk. We were able to negotiate a settlement of $250,000.
Slip And Fall On Oily Stairs
Martoccio & Martoccio represented a man who slipped and fell down the stairs at a company he was visiting. We successfully argued that the stairs had a latent defect – specifically that they were covered in a thin layer of oil that was not readily discernable. When our client slipped and fell, he re-injured his back that had been previously repaired surgically, and also tore his Achilles tendon. We were able to recover $175,000 for this client.
Dog Bite (In Our Client’s Own Yard)
Our client was walking along the fence line in her backyard. Earlier in the day, our client and her neighbor had been in an argument. As our client walked from the rear of her yard back toward her house, the neighbor (knowingly or not) let her pit bull out the back door. The dog immediately ran up and bit our client’s foot through the chain link fence, causing puncture wounds. We obtained a judgment against the dog’s owner for $25,000. The dog’s owner later came to us for legal representation on a different matter due to Ross’ aggressive representation.
Passenger Suffers Back Injuries
Our client was the front-seat passenger in an automobile driven by her friend, and together they were headed westbound on Interstate 90 to go home after work. The defendant was also traveling westbound, directly behind the car in which our client was a passenger, which was traveling at a slow rate of speed due to traffic congestion ahead of her. The defendant apparently did not recognize the traffic conditions in time to adequately slow his vehicle so as to avoid a collision with the car ahead of him. Our client suffered significant soft tissue injuries in her back, and we were able to negotiate a settlement of $50,000.
Slip And Fall On Newly Repaired Concrete
Martoccio & Martoccio represented a pedestrian who came upon a rectangular indent in a walkway. This was an area of concrete that had obviously been previously repaired. While our client saw the difference in the color and texture of the concrete, she, unfortunately, did not notice that the repaired area was lower than the original concrete by a couple inches. As she walked onto the repaired area she tripped and fell, causing a small fracture in her arm. We recovered $32,000 for our client.
Massuese Suffers Soft Tissue Injury
We represented a client who was involved in a minor collision. Liability was disputed and our client suffered a whiplash type of injury. She enjoyed a career as a masseuse and lost some time from work. We recovered $25,000 for this client.
Client Stopped In Traffic Sees Stars
Martoccio & Martoccio represented a man who was stopped in traffic, awaiting the traffic in front of him so he would turn right and continue on his way home. The driver behind him did not appreciate that the traffic in front of him was stopped, and rear-ended our client’s vehicle. For our client’s soft tissue injuries, we were able to obtain $40,000.
I-290 Collision Causes Damage
Our client was stopped in traffic on I-290 during rush hour. In another case of inattention, the driver behind him did not see the traffic in front of him and hit our client’s vehicle at a high rate of speed. As a result of the collision, our client suffered minor soft-tissue injuries and developed an addiction to pain medication. We successfully resolved his case for $60,000.
Red Light Runner Causes Head Trauma
Our client was driving along a country road in DeKalb County with little traffic. Unfortunately, another driver ran a red light at an intersection and collided violently with her car. Our client suffered a concussion and ruptured ear drum. $124,000 settled that case.
T-Bone Collision Results In Laminectomy
Martoccio & Martoccio represented a man who was involved in a three-car accident at an intersection. The defendant ran a red light, struck another vehicle, and was redirected into our client’s car, with substantial force. While our client was dazed at the scene, he did not realize the severity of his injury and initially declined treatment. Only after did his symptoms become apparent. After diagnostic testing, it was determined he had a congenital fusion of two vertebra, which significantly contributed to his injuries. Surgery was required to perform a cervical laminectomy. We recovered $200,000 for this client with a pre-existing condition.
Letter Carrier Hit By Negligent Driver
We represented a client who was employed as a letter carrier for the United States Postal Service. While at driving a postal vehicle, he was struck from behind by a negligent driver. As a result of his soft tissue injuries, we were able to recover $47,500.
Pedestrian’s Foot Becomes Parking Block
Martoccio & Martoccio represented a pedestrian who was walking her dog. Her route caused her to cross an intersection controlled by four-way stop signs. A driver was apparently not paying attention, and rolled through the intersection, stopping only when she heard our client scream. By that time, the car came to rest on her foot, causing a fracture. We recovered $47,500 for her.
Our client was driving his brand new Harley Davidson to work and was stopped at a red light near O’Hare. He was struck from behind in a relatively low-speed collision. Unfortunately, our client suffered a torn meniscus in his knee. The defendant’s insurer tendered their policy limits of $50,000.
Maintenance Man Injures Shoulder
Martoccio & Martoccio represented a maintenance man who was installing a protective shield on a conveyor belt. While doing so, he injured his shoulder and suffered a tear of a tendon. After initiating workers compensation proceedings, we were able to settle his case for $75,000.
Dancing Queen Gets Heel Stuck In Floor
We represented a guest at a wedding reception at a hotel. While dancing on a temporary wood dancing floor, her heel became stuck between the wood tiles, causing a fall that resulted a slight wrist fracture. While liability was disputed, and she recovered fully from her injury, we were able to recover $25,000 for our client.
Will County Driver Gets T-Boned
Martoccio & Martoccio represented a driver who heading eastbound on Route 127. The defendant was traveling westbound on Route 127 and attempted to turn left (north) onto a side street. As he was executing his turn, he failed to yield to eastbound traffic and drove straight into our client’s vehicle, causing a violent collision. Our client suffered bulging cervical discs, which, with conservative treatment, resolved without further complications. We recovered $85,000 for him.
Changing A Tire Nearly Costs A Life
Our client was on the shoulder of a busy roadway, attempting to change a flat tire just as another car veered out of its lane and onto the shoulder. Our client was struck in a glancing blow, propelling his body onto a grassy median. Inexplicably, our client suffered only soft tissue injuries to his back and a knee injury. We obtained $115,000 to compensate for his injuries.
Three-car Collision Results In Back Injuries
Martoccio & Martoccio represented a passenger in an automobile driven by her friend when it was struck from behind by another vehicle, which had itself been struck from behind. The driver of the rear-most car admitted having seen the traffic in front of him, but could not explain why he failed to stop in time. Our client suffered soft-tissue injuries, and we were able to receive compensation for her in the amount of $38,000.
Rear Ender Causes A Variety Of Injuries
Our client had been traveling eastbound on 111th Street and was stopped at the traffic light at Roberts Road, in Palos Hills, Illinois. The other driver was similarly driving eastbound on 111th Street just prior to the impact and apparently failed to observe the traffic ahead of him and violently collided with the rear end of our client’s car. She was discharged from the emergency room with diagnoses of cervical sprain, lumbar sprain, and a shoulder sprain. A torn rotator cuff was surgically repaired. We resolved her case for $150,000.
Dog Walker Slips And Falls On Ice
We represented a client who took his dog for a walk late one evening. As he walked past a newly-constructed home, he slipped and fell on a patch of black ice that accumulated due to the negligent design of a drainage system. He fractured his leg during the fall, which was surgically repaired. The defendants denied liability, in part due to the fact that our client had consumed alcohol and was inebriated. In spite of this, we were still able to recover $90,000 for our client.
Postal Worker Hit Head-on
Martoccio & Martoccio represented a postal worker who had pulled off the roadway to deposit mail in a curbside mailbox. At the same time, a driver coming from the opposite direction fell asleep at the wheel, crossing all the lanes of traffic and striking the postal van head-on. The postal worker was standing up at the time and was thrown into the windshield. He suffered cuts to his knee and lip, both requiring stitches, but amazingly nothing more serious. We recovered $57,000 for our client.
Out Of Town Visitor Rear-ended
We represented a Canadian man who was visiting friends and relatives in the area. While driving, he was rear ended, and suffered a number of bumps and bruises, and experienced an irregular heartbeat. He thankfully recovered well and had no significant ongoing issues. His case settled for $55,000.
Bulging Disc Causes Significant Pain
Martoccio & Martoccio represented a client who was rear-ended as he was stopped in traffic on a rainy day. The impact resulted in cervical disc bulging that ultimately led our client to use nerve-blocks to control the pain. Therapy successfully alleviated his symptoms after a brief period. We recovered $40,000 for him.
T-Bone Collision Causes Rotator Cuff Tear
Our client was T-Boned at an intersection, causing her to lose control of her vehicle and veer off the roadway, causing an additional impact with an object in the median. While she experienced immediate pain, it was not until much later that further medical testing revealed a rotator cuff tear that was surgically repaired. We won $135,000 for this client.
Rear-ender Causes Significant Pain
A high-speed rear-end collision resulted in our client’s face impacting the steering wheel, causing not only a great deal of facial bruising, abrasions, significant bleeding, and swelling but also soft tissue neck and back injuries. While her back injuries resolved with no treatment, her facial injuries nagged her for several weeks. We recovered $70,000 for her.
Motorcyclist T-Boned At Church Entrance
Our client was riding his motorcycle on York Road, adjacent to a church. As he passed the driveway to the church, a driver did not see him, pulled out onto the roadway and struck our client in the side of his motorcycle. The impact caused him to hit the ground, causing multiple contusions. Our client was paid $35,000.
Left Turn In Front Of Client’s Vehicle
Martoccio & Martoccio represented a man who was traveling through an intersection with a green light. The defendant, who was driving the opposite direction, attempted a fast left-hand turn, trying to beat our client’s car through the intersection. She did not make it. Our client spent a night in the hospital with various soft tissue injuries and contusions and received subsequent treatment. We obtained the policy limits of $50,000 for our client.
Semi Vs. Car Results In Herniation
The passenger of a car was injured when a semi driver failed to perceive a curve in the road, causing it collide with the car. The car spun out of control and came to rest in the median. Our client suffered a disc herniation that was ultimately surgically repaired. We were able to obtain compensation for our client in the amount of $217,000.
Rear-ender Causes Spine Damage
Our client was rear ended at a stop light, and refused treatment at the scene. Later, when the pain and stiffness set it, he went through a range of diagnostic testing, which revealed several irregularities in his cervical and thoracic spine. Although his injuries were significant, he did not want to undergo surgery, and therefore, very little treatment was actually performed. We were able to convince the defendant’s insurer to settle for $145,000.
Accountant Committed Professional Malpractice
Our client began a new business venture after his prior employer went bankrupt. His new business included finishing up work for a business that had originally hired the prior employer. Upon the completion of the work, the business attempted to pay our client for the work he had performed. Unfortunately, the IRS seized the payment as it contended the money was due the IRS for taxes owed by the prior employer. Our client hired an accountant to take action to recover the improperly levied money. The accountant failed to take the proper action, thereby eliminating any possibility of recovery against the IRS. Martoccio & Martoccio sued the accountant and ultimately the case settled for $21,000.