Illinois Verdicts

Plaintiff(s):

Ronald Stagg (Male, 68 Years), 

Roberta Hemmerling (Female, 65 Years)

Plaintiff Attorney(s):

Kevin T. Veugeler;
Healy Scanlon Law Firm;
Chicago,
IL,
for
Ronald Stagg, Roberta Hemmerling ■ Patrick Anderson;
Healy Scanlon Law Firm;
Chicago,
IL,
for
Ronald Stagg, Roberta Hemmerling

Defendant(s):

Sandra Westergaard

Defense Attorney(s):

Francis P. Cuisinier;
Cuisinier & Farahvar, Ltd.;
Chicago,
IL,
for
Sandra Westergaard

Insurer(s):

The Hartford for Westergaard ($500,000 limit, $1 million umbrella)

On the afternoon of April 24, 2012, plaintiffs Ronald Stagg, 68, a retiree, and Roberta Hemmerling, 65, a retiree, were shopping at Woodfield Mall in Schaumburg. While traversing a crosswalk in the parking lot on the way to their car, both adults were struck and knocked to the ground by a vehicle operated by Sandra Westergaard. Stagg sustained fracture ribs from the accident while Hemmerling sustained fractures to both lower extremities. Stagg and Hemmerling sued Westergaard. The plaintiffs alleged the party sued was negligent in the operation of her vehicle, causing the accident and their personal injuries. Plaintiffs’ counsel claimed Westergaard failed to yield to pedestrian traffic in a crosswalk and failed to keep a proper lookout. Westergaard argued the plaintiffs were negligent for failing to keep a proper lookout. Defense counsel argued that both plaintiffs walked into the side of her car and that physical evidence showed a dent near the driver’s side of the windshield.

Both plaintiffs were taken by ambulance from the accident scene to the emergency room at Alexian Brothers Medical Centert. Stagg sustained seven fractured ribs and, due to his age, spent roughly a month recovering at a skilled nursing facility. He claimed he still experiences occasional pain during certain activities, but has mostly recovered from his fractures. Stagg claimed $103,468 in past medical costs and further sought damages for his pain and suffering. Hemmerling sustained fractures to the tibia and fibula of her right lower leg, for which she underwent ORIF surgery. She also sustained a fractured left ankle, which required closed reduction surgery. Hemmerling followed up with physical therapy at the skilled nursing facility, where she stayed for roughly two months. Hemmerling further underwent surgery to remove the hardware in her lower right leg. She claimed she still experiences residual pain and mobility issues, and further sustained a permanent scar, due the degloving nature of her lower right leg injury. Hemmerling also claimed sensitivity to cold weather. She claimed $256,233 in past medical costs and further sought damages for her pain and suffering. The defense did not seriously dispute the nature and extent of plaintiffs’ claimed injuries and damages, but argued that their medical bills were excessive.

The parties negotiated a settlement for $1 million.

Judge:

William E. Gomolinski

This report is based on information that was provided by plaintiff’s and defense counsel.