Illinois Verdicts

Plaintiff(s):

Katherine Hirte (Female, 20 Years)

Plaintiff Attorney(s):

Patrick A. Salvi II;
Salvi, Schostok & Pritchard P.C.;
Chicago,
IL,
for
Katherine Hirte ■ Jeffrey J. Kroll;
Salvi, Schostok & Pritchard P.C.;
Chicago,
IL,
for
Katherine Hirte

Plaintiff Expert(s):

David Gibson;
M.B.A., C.P.A., C.R.C.;
Vocational Assessment;
Chicago,
IL called by
Patrick A. Salvi II, Jeffrey J. Kroll ■ Matthew Jimenez;
M.D.;
Orthopedics;
Morton Grove,
IL called by
Patrick A. Salvi II, Jeffrey J. Kroll ■ Richard Sherman;
M.D.;
Orthopedic Surgery;
Bannockburn,
IL called by
Patrick A. Salvi II, Jeffrey J. Kroll

Defendant(s):

NRJM Inc., 

Megan Voit, 

Dominos Pizza, Inc.

Defense Attorney(s):

Julie M. Koerner;
O’Halloran Kosoff Geitner & Cook, LLC;
Northbrook,
IL,
for
NRJM Inc., Dominos Pizza, Inc. ■ James Barrow;
Daniel P. Costello & Associates, LLC;
Chicago,
IL,
for
Megan Voit

Defendant Expert(s):

Gary Skoog;
Economics;
Chicago,
IL called by
James Barrow ■ Michael Terry;
Orthopedics;
Chicago,
IL called by
James Barrow ■ Michael Benson;
OB-GYN;
Chicago,
IL called by
Julie M. Koerner ■ Michael Mooney;
Vocational Rehabilitation;
Prospect Heights,
IL called by
Julie M. Koerner

Insurer(s):

Pekin Insurance Co. ($300,000 policy) for Voit;
Midwest Family Mutual Insurance ($2 million policy) for NRJM Inc.

On July 6, 2011, plaintiff Katherine Hirte, 20, was riding her bicycle home from her job at a local clothing store, and was traveling through the intersection of Carlisle Avenue and Lake Cook Road, in Deerfield, Ill. While crossing the intersection, Hirte was struck by Megan Voit, a delivery driver for a local Domino’s Pizza location. Hirte sustained multiple pelvic fractures as well as injuries to her right shoulder as a result of the collision. Hirte sued Voit, as well as NRJM Inc., the franchising company that owned and operated the Domino’s Pizza that Voit worked for. Domino’s Pizza, Inc. was also named as a defendant, but was later dismissed before the conclusion of the case. Hirte claimed that the accident took place when she was crossing Lake Cook Road using a crosswalk. She claimed that she had waited for the light to turn green, and once it did she began to cross. That’s when Voit allegedly failed to stop for the bicycle, and struck Hirte. The defense disputed the plaintiff’s account of how the accident happened, contending that Hirte was traveling on a sidewalk westbound on Lake Cook Road, but then suddenly darted into the street approximately one to two car lengths away from the crosswalk. Voit claimed that Hirte darted directly in front of her vehicle, and that she did not have sufficient time to stop to avoid a collision. Voit alleged contributory negligence on the part of Hirte, contending that she chose to enter a roadway when it was unsafe to do so.

After the accident, Hirte was transported by ambulance to Highland Park Hospital, in Highland Park, Ill., where she was admitted for three days. Hirte was diagnosed as having sustained multiple fractures to the right side of her pelvis. She was also diagnosed as having sustained soft-tissue injuries to her dominant, right shoulder. After her discharge from the hospital, Hirte was transferred to a rehabilitation facility, where she was treated for two weeks. She then continued with physical therapy for one month. Hirte also followed up with an orthopedic surgeon, who did not recommend that she undergo any surgery for her pelvic injuries. Since then, Hirte has continued to follow up with the orthopedic doctor periodically, taking over-the-counter medications to quell her hip pain. Hirte accrued a total of approximately $28,000 in medical expenses, for which a recovery was not sought by the plaintiff. Plaintiff’s counsel asked the jury for a total recovery of $3.22 million. Included in that total was $320,000 in lost future earnings, which was calculated by the plaintiff’s vocational expert, who opined that Hirte’s income as a hair stylist (the career she began after the crash) would be limited by her residual problems from her injuries. According to testimony from her expert orthopedic doctor, Hirte would experience permanent pain and disability, and would always have difficulty standing, walking, and performing physical activities in general. Furthermore, the expert opined, should Hirte become pregnant, she would be required to have a c-section, her hip injuries preventing her from delivering a child vaginally. Plaintiff’s counsel asked the jury for $250,000 in past disability, $1 million in future disability, $500,000 in past pain and suffering, and $1.2 million in future pain and suffering. The defense disputed the injuries and damages claimed by the plaintiff, contending that she was not injured to the extent that she claimed. The claims of the plaintiff’s orthopedic expert were disputed by the defense’s orthopedic expert, and the defense’s expert OB-GYN opined that Hirte would be able to have a vaginal birth if she so wished. The defense’s vocational and economic experts both disputed the estimates of the plaintiff’s vocational economist, contending that the plaintiff’s estimates were excessive.

The jury rendered a verdict, finding in favor of Hirte and awarding her a total of $2,065,000 for her past and future disability and pain and suffering damages, as well as her future earnings.

Katherine Hirte: $65,000 Personal Injury: Future Lost Earnings Capability; $250,000 Personal Injury: Past Pain And Suffering; $1,200,000 Personal Injury: Future Pain And Suffering; $50,000 Personal Injury: past disability; $500,000 Personal Injury: future disability

Judge:

Donald J. Suriano

Demand:

$1.75 million

Offer:

$500,000

Trial Length:

6
 days

Trial Deliberations:

2.5
 hours

Jury Composition:

8 male/ 4 female

Post Trial:

Plaintiff’s counsel reports that the defendants will likely file post-trial motions regarding the plaintiff’s verdict. The defendants have a 30-day window from the time of the verdict to file these motions.

This report is based on information that was provided by plaintiff’s counsel. Counsel for NRJM Inc. and counsel for Voit did not respond to the reporter’s phone calls.