National Verdicts

Plaintiff(s):

Wladyslaw Kozik (Male, 60 Years)

Plaintiff Attorney(s):

Jeffrey Garbutt;
Chepov & Scott, LLC;
Chicago,
IL,
for
Wladyslaw Kozik

Plaintiff Expert(s):

Mark Sokolowski; M.D.; Orthopedic Surgery; Oak Park,
IL called by:
Jeffrey Garbutt ■ Victor Forys; M.D.; Internal Medicine; Chicago,
IL called by:
Jeffrey Garbutt

Defendant(s):

Mark Nagy

Defense Attorney(s):

Isaac R. Melton;
HeplerBroom, LLC;
Chicago,
IL,
for
Mark Nagy

Defendant Expert(s):

Brian Weaver;
Biomechanics of Injury;
Detroit,
MI called by:
Isaac R. Melton ■ Andrew Zelby;
Neurosurgery;
Westchester,
IL called by:
Isaac R. Melton

Insurer(s):

State Farm Insurance Cos. for Mark Nagy

On Sept. 23, 2014, plaintiff Wladyslaw Kozik, 60, a machinist, was operating a vehicle northbound on North Cumberland Avenue. He came to a stop at the intersection with West Grace Street and was rear-ended by a vehicle driven by Mark Nagy. Kozik claimed neck, back, head and arm injuries as a result of the impact. Kozik sued Nagy. He alleged that Nagy was negligent in the operation of his vehicle. Kozik alleged that Nagy was speeding and was following too closely. He also argued that Nagy failed to keep a proper lookout. Nagy contended that he looked ahead after sneezing and observed that Kozik had come to a sudden complete stop. He argued that he was not driving in a negligent manner and there was no evidence to prove Nagy’s claims of negligence.

Kozik did not seek immediate medical attention. His primary care doctor was not in the country at the time of the accident and, therefore, presented to another physician two days post-accident. Kozik ultimately claimed he suffered intervertebral disc herniations at L4-5 and L5-S1; soft tissue sprains and strains of the neck and upper back; radicular pain originating in his neck; a concussion; and lateral epicondylitis (tennis elbow) of the non-dominant left elbow. Kozik commenced a course of physical therapy. The treatment lasted for about three months and was typically rendered two to three times per week. He then underwent a lower back MRI and an epidural injection to the lumbar spine. After the injection, Kozik commenced a second course of physical therapy, which lasted for about six months and was typically rendered two to three times per week. Further conservative treatment included an injection of lidocaine into the left arm and treatments with his primary care doctor for post-concussion headaches. Kozik claimed he had treated for past lower back injuries, but those injuries were asymptomatic at the time of the subject accident. Kozik‘s treating orthopedist testified that Kozik‘s injuries were causally related to the subject accident; Kozik may require lower back surgery; and Kozik‘s past lower back injuries were asymptomatic at the time of the subject accident. Kozik claimed he continues to suffer from pain and diminished range of motion in his lower back, which hinders his ability to sit and stand for long periods of time, play musical instruments and perform activities of daily living. He sought $100,000 for past loss of a normal life, $200,000 for past pain and suffering and approximately $36,000 for past medical expenses. The defense argued that Kozik had been diagnosed with, and treated for, degenerative disc disease throughout the year 2012 and that the lower back injury was not causally related to the subject accident. The defense’s neurosurgery expert testified that he reviewed Kozik‘s diagnostic images and that Kozik did not sustain intervertebral disc herniations. He further testified that Kozik‘s injury consisted of recurring symptoms related to degenerative disc disease, Kozik would have experienced pain for about three months as a result of the subject accident and any treatment for an aggravation of Kozik‘s pre-existing disc disease should have lasted four to six weeks. Th defense’s biomechanical engineering expert testified that the force of the accident on Kozik‘s body was not more than that of a benign activity of daily living and was not sufficient to cause epicondylitis, a whiplash concussion or disc herniations.

The jury found that Nagy was negligent, but his negligence was not a substantial factor in causing Kozik‘s injuries. As a result, a defense verdict was entered.

Judge:

Larry G. Axelrood

Demand:

$100,000 (policy limits)

Offer:

$10,000

Trial Length:

4
 days

Trial Deliberations:

20
 minutes

Jury Vote:

11-0

Jury Composition:

9 male/ 2 female

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