DEEP HOLE IN VAULTED SIDEWALK CAUSED BROKEN LEG

Publication: Cook County Jury Verdict Reporter Published: 8/8/2005

Juan Loeza v City of Chicago 02L-3412
Tried May 31-Jun. 7, 2005

Verdict: $215,581: ($102,581 medical expenses; $38,000 LT; $75,000 disability). Special Interrogatory: Was the hole in the sidewalk at 1719 W. 21st St. a proximate cause of pltf’s injury? ” Yes.”
Judge: Carol Pearce McCarthy (IL Cook-Law)
Pltf Atty(s): Dean Caras of Dean Caras & Associates DEMAND: $500,000 ASKED: $865,581
Deft Atty(s): Megan Healy McClung and John M. Leovy of Chicago Corporation Counsel (SELF-INSURED) OFFER: $100,000

Pltf Medl: Dr. Christopher Lee (Internist), Dr. Mohammad Sirajullah (Orthopedist) and Dr. Prahlad Pyati (Orthopedist)

March 1, 2002 pltf was injured when he stepped into a 5-foot, 7-inch wide, 12-inch deep hole in a vaulted sidewalk at 1719 W. 21st St. Pltf M-48 sustained a comminuted fracture of the proximal tibia, requiring application of hybrid external and internal fixator ($102,581 medl., $38,000 LT). Adjoining property owner testified hole existed at that location for five years prior to the occurrence, she called the City to report the condition, and she showed the condition to nearby City work crews before the occurrence. Pltf and his wife, who was with him at the time, claimed they never saw the hole in the sidewalk, which was next door to pltfs mother’s house. Defense contended pltfs accident could not have happened the way he claimed and argued that snow on the ground caused his fall and resulting injury.