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06/13/89 Michael J. Briante Et Al., v. Jeffrey Link Et Al.

June 13, 1989

MICHAEL J. BRIANTE ET AL., PLAINTIFFS-APPELLEES

v.

JEFFREY LINK ET AL., DEFENDANTS-APPELLANTS



Before the accident, plaintiff was employed as a service technician. Plaintiff presented expert evidence that the present value of his loss of income from the date of the accident until age 65 was $388,082. Defendants did not contest this evidence.

APPELLATE COURT OF ILLINOIS, FIRST DISTRICT, SECOND DIVISION

540 N.E.2d 844, 184 Ill. App. 3d 812, 132 Ill. Dec. 922 1989.IL.883

Appeal from the Circuit Court of Cook County; the Hon. Harry S. Stark, Judge, presiding.

APPELLATE Judges:

PRESIDING JUSTICE BILANDIC delivered the opinion of the court. HARTMAN and SCARIANO, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE BILANDIC

Defendants appeal from an itemized jury verdict of $700,000 in favor of the plaintiffs. The jury also found that the plaintiff's comparative fault was 50%, thereby reducing the award to $350,000. Defendants do not question the determination of liability and comparative fault.

It is undisputed that plaintiff sustained serious and permanent personal injuries as a result of the March 16, 1984, motor vehicle collision which gave rise to this action. Plaintiff was 50 years old and in good health at the time of the accident. He sustained comminuted fractures of the left tibia and fibula. A closed reduction under general anesthesia was performed at Northwestern Memorial Hospital. A long cast was applied. Plaintiff was given Tylenol and codeine to relieve his pain.

Plaintiff used a walker for several months, then his leg was recast and he used crutches. In November 1984, his leg was still unstable and the fracture was not healed so he was readmitted to Northwestern Memorial Hospital for bone graft surgery. In addition, two metal "ender" rods were inserted in the lower left leg to provide more stability. The cast was removed in July 1985.

Throughout his recovery, plaintiff complained of severe pain for which medication was prescribed. He still has pain and walks with a limp. His physical activities and lifestyle are restricted because of the injury.

Plaintiff also presented evidence of medical bills in the sum of $15, 763 and estimated future medical expenses of $6,000 to remove the rods, for a total of $21,763.

The total injury verdict was $700,000. It was itemized as follows:

Lost Income $515,200

Past and Future Medical ...


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