GWC’s Michael D. Fisher and Louis Anthony Cairo recently obtained a verdict of over $418,000.00 from a Jo Daviess County jury for a client who was run over by a tractor. The jury’s verdict far exceeded the Defendant’s proposed settlement of $210,000.00, which had been offered and taken back only the night before the three-day trial.
Client Run Over by a Tractor
On May 27, 2014, GWC’s client was working as an independent contractor on the Defendant’s farm. At that time, the Defendant was driving his front end loader tractor from one area of the farm to another in order to move a large piece of farming equipment known as a “cultivator.” The Defendant had ordered the client to steady the cultivator by hand while walking in front of and to the left of the tractor.
The Defendant said he then tried to make a “tight left-hand turn” while at the same time facing away to his right. Because he was not looking where he was turning, he lost sight of the client and ran over him with the tractor.
“By the Defendant’s own sworn testimony,” said Mr. Fisher, “our client was doing exactly what the Defendant had told him to do and was in the location where the Defendant had told him to be. He also had no criticism of our client’s conduct. This was a clear case of ultimate liability against the Defendant.”
The client, who was an active 65-year-old at the time of the incident, was hospitalized for three days with a fracture of the left femur, a fracture of the right ankle, and three fractures of the right foot.
He had surgery to implant a metal rod into his left femur in order to stabilize it. The client also underwent a closed reduction and casting to repair his right ankle and foot fractures. At different times, he had to use a wheelchair, a walker, crutches, and a cane. He also attended six weeks of physical therapy. In total, the client had over $65,000.00 in medical expenses but no significant wage loss.
Though he has reached maximum medical improvement, the client still has difficulty engaging in activities he used to enjoy, such as taking long walks in the country with his wife and his dogs, fishing in a boat, hunting at night, and making repairs on his cars and his home.
Last-Minute Settlement Offer
On the night before the trial, at approximately 5:30 p.m., the Defendant’s attorneys made an offer of $210,000.00 to settle the matter.
Mr. Fisher and Mr. Cairo felt the amount was far too low, given the facts of the case and their client’s injuries. They rejected the offer, which was then taken off the table by the Defense within two hours.
“We were going to trial,” said Mr. Fisher, “where we felt the jury would see the full value of our client’s case.”
The Jury’s Verdict: Over $418,000.00
GWC’s belief in the wisdom of the jury system seems to have been well placed. After a three-day trial in a Galena courthouse, the jury came back with a favorable verdict. They awarded over $418,000.00 to GWC’s client, double what the Defense had offered.
Personal Injury Attorneys
One of the best ways to make sure that you and your family can receive the compensation that you deserve for your injuries is to select the right attorney, like the personal injury attorneys at GWC Injury Lawyers.
Regardless of whether you have been run over by a tractor or wrongfully injured in some other way, please contact GWC today to schedule a free consultation with one of our attorneys. Call our office at (312) 464-1234 or click here to chat with one of our representatives.<< BACK TO BLOG POSTS