CHICAGO, Nov. 20, 2015 /PRNewswire/ -- After two-and-a-half weeks of trial before the Honorable James M. McGing, a settlement was reached late yesterday in the May 29, 2010 collision between a motorcycle ridden by R.F. and M.F. of Barrington Hills, and the second of two vehicles that had collided on the opposite side of Route 176 on the eastern edge of Marengo, Illinois.
At the time of the occurrence, R.F. and M.F. had been on a Memorial Day weekend country road ride to northwest Illinois and back. As they went eastbound on Route 176 at the eastern edge of Marengo, the Defendant Safelite Group, Inc.'s driver, Defendant, E.L., drove his company van at an estimated 45 miles per hour into the rear of an Audi driven by Defendant L.T., who was waiting to turn left off of westbound 176 onto Prospect Street in Marengo.
"With his wheels turned left while stopped, L.T.'s car was pushed into the path of the oncoming motorcycle operated by R.F. They impacted the passenger side of the Audi and were ejected from the motorcycle," said Todd A. Smith of Power Rogers & Smith.
The occurrence took place at around 6:15 p.m. on that Saturday of the holiday weekend. R.F. and M.F. were completing an approximate eight-hour journey, and were only about 30 minutes from their home at the time.
Evidence was introduced from phone records obtained during discovery that the Safelite driver was up until about 2:00 a.m. that Saturday morning from the Friday night before. Testimony also revealed that E.L. arose around 6:00 a.m. to go to work. As a result, he was completing a 12-plus-hour shift with no more than four hours sleep at the time of the collision.
Fortunately, the occurrence was witnessed by an off duty paramedic and her husband. They were positioned as the first car at the stop sign facing northbound on Prospect at that intersection, and the collision occurred directly in front of them. L.B., the paramedic, took immediate action, instructing her husband to call a helicopter for air transport. R.F. was airlifted to Rockford Memorial Hospital, and M.F. was airlifted to St. Anthony's in Rockford.
At St. Anthony, M.F. was diagnosed with a T11 burst fracture. She subsequently underwent a 5 level fusion to T9 through L1. Following her admission to St. Anthony, she treated with a neurosurgeon, a physiatrist, and a pain manager. Although she was able to return to many of the activities of daily living, her back injury has caused her periodic pain and disability, and may require future surgery.
At Rockford Memorial Hospital, R.F. was diagnosed with left acetabular fracture and humerus fracture of his left arm. Following surgery at Rockford Memorial, he was discharged and underwent inpatient and outpatient rehab. R.F. regained his mobility over the next few months. However, he was unable to return to his physically demanding carpet cleaning business that he ran with his sons. R.F.'s treating orthopedic surgeons anticipate that he may need, as time goes on, joint replacement in the affected joint space.
"It was a pleasure to represent R.F. and M.F. Despite their orthopedic issues that resulted from this incident, they remain positive and focused on their future," said Brian LaCien, also of Power Rogers & Smith.
Counsel for R.F. and M.F. are Todd A. Smith and Brian LaCien of Power Rogers & Smith, P.C. For more information, please contact Todd A. Smith, Brian LaCien, or Kathy Beardsley at (312) 313-0202 or visit http://www.prslaw.com/.
SOURCE Power Rogers & Smith