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Plaintiff claimed assault with brick caused fractures to face

Amount:

$89,740.40

Type:

Verdict-Plaintiff

State:

Illinois

Venue:

Cook County

Court:

Cook County Circuit Court

Injury Type(s):

other-plate; other-pins/rods/screws; other-reconstructive surgery; face/nose-facial laceration; face/nose-fracture (fracture, orbit), facial bone (fracture, orbit)

Case Type:

Intentional Torts – Assault

Case Name:

Stefan Zlatev v. Nick Gianfortune, Zachary Kondratenko, James Lee, Grant Millette and Tom Pravongviengkham,
No. 2015-L-011257

Date:

March 29, 2018

Parties

Plaintiff(s):

Stefan Zlatev (Male, 31 Years)

Plaintiff Attorney(s):

Steven Jacobson;
Jacobson & Tchernev Ltd.;
Chicago,
IL,
for
Stefan Zlatev

Plaintiff Expert(s):

Douglas Sidle; M.D.; Plastic Surgery/Reconstructive Surgery; Chicago,
IL called by:
Steven Jacobson

Defendant(s):

James Lee, 

Grant Millette, 

Nick Gianfortune, 

Zachary Kondratenko, 

Tom Pravongviengkham

Defense Attorney(s):

Michael J. Cucco;
Cassiday Schade LLP;
Chicago,
IL,
for
Grant Millette ■ Nicholas A. Caputo;
Caputo & Popovic, P.C.;
Chicago,
IL,
for
Nick Gianfortune ■ Alex Campos;
Cassiday Schade LLP;
Chicago,
IL,
for
Grant Millette ■ None reported;
for
Zachary Kondratenko ■ Daniel A. Spira;
Sidley Austin LLP;
Chicago,
IL,
for
James Lee ■ John R. Mack;
John R. Mack, Attorney at Law;
Villa Park,
IL,
for
Tom Pravongviengkham

Facts:

On Sept. 10, 2011, plaintiff Stefan Zlatev, 31, a waiter, went to a friend’s apartment on North Seminary Avenue in Chicago with three other friends. When the group arrived, a man who was throwing a party on the second floor told them they could not enter the building without paying a $10 cover charge, according to Zlatev. Zlatev and his friends refused to pay, and a group of men from the party came downstairs. A fight ensued. One of the men, Zlatev claimed, hit him in the face with a brick, causing facial fractures. Zlatev sued Nick Gianfortune, Zachary Kondratenko, James Lee, Grant Millette and Tom Pavongviengkham, alleging they instigated the fight. All of the defendants denied hitting Zlatev with a brick or taking part in a fight. Kondratenko and Lee were dismissed and the other defendants except Millette reached confidential settlements. The case went to trial against Millette. Zlatev argued that Millette was the only person at the scene whose description matched two witnesses’ description of a man holding a brick after the assault. The witnesses did not see anyone hit Zlatev with a brick, but they did see him sitting on the curb holding his head, according to court documents.

Injury:

Zlatev went to Northwestern Memorial Hospital, where it was determined he had multiple fractures of his left orbit, or eye socket. He had facial reconstruction surgery in which a plate and 12 titanium screws were implanted. Zlatev had one follow-up appointment with the surgeon. He had no other treatment. His treating doctor testified about the procedure and that Zlatev had recovered well. For three to four months, scarring and disfigurement were noticeable on Zlatev’s face and he also had some pain and numbness during that time. However, those issues resolved. Zlatev said he occasionally has headaches. Zlatev asked the jury for $395,713 for past pain and suffering, past medical costs, loss of a normal life, disfigurement and lost wages. The defense counsel disputed the amount of Zlatev’s medical bills but did not dispute the nature and extent of damages.

Result:

The jury found that Millette assaulted Zlatev with the brick. Zlatev was awarded $89,740.40.

Stefan Zlatev$44,713 Personal Injury: Past Medical Cost; $3,000 Personal Injury: Past Lost Earnings Capability; $15,000 Personal Injury: Past Pain And Suffering; $2,000 Personal Injury: Past Disfigurement; $25,000 Personal Injury: loss of normal life

Trial Information:

Judge:

Thomas V. Lyons II

Demand:

$125,000

Offer:

$55,000

Trial Length:

4
 days

Trial Deliberations:

3
 hours

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel and Millette’s counsel. The remaining defendants’ counsel were not asked to contribute.