312-372-1227 Woman who suffered thoracic spine injury in Maywood crash receives $20 million settlement
CHICAGO (May 6, 2022) – A 33-year-old mother who suffered a thoracic spine injury requiring T1-6 fusion in a 2017 Maywood, Illinois crash has received a $20 million settlement to compensate her for her injuries. The settlement was reached 5 months after a jury awarded her $21.05 million after a trial in the Circuit Court of Cook County.
On March 24, 2017, Defendant Driver Ericka Taylor was driving a Ford utility vehicle southbound in an alleyway between 9th and 10th Avenues and near the intersection of Oak Street in the City of Maywood, Illinois. At the same time, Plaintiff Kayla Neese was a passenger in a vehicle traveling westbound on Oak Street near 9th and 10th Avenues. According to a complaint filed in Cook County Circuit Court, Ms. Taylor failed to stop at the intersection and yield to the right of way while emerging from the alleyway and struck the vehicle carrying Ms. Neese. Damage to the vehicle required emergency personnel who responded to the scene to cut Ms. Neese out of the car.
As a result of the crash, Ms. Neese suffered fractures of her thoracic spine at the 3rd and 4th vertebrae and developed a spinal cord injury that the required a six-level spinal fusion surgery and has caused chronic neuropathic pain, numbness, and tingling in her arms and legs. Ms. Neese’s doctors say she will live the rest of her life with thoracic back pain and is unable to lift, pull or push anything weighing more than 40 pounds. Thankfully, Kayla can walk and has no residual weakness in her legs.
Prior to trial, the court found the defendant negligent in causing the collision and a damages-only trial began on Tuesday, November 30, 2021, in the Circuit Court of Cook County. During trial, Plaintiff’s attorneys asserted Ms. Neese’s injuries would need to be treated with a spinal cord stimulator and that she will have a chronic neuropathic pain condition for life, even with treatment. Defense attorneys disputed the extent of Kayla’s injury and pain, claimed her condition was improving, and that she could work and would not need the medical treatment that Plaintiff proposed.
Defense counsel suggested $927,000 for the verdict. The last offer was a high-low agreement of $4 million on the low end and $10 million on the high end. In response, Plaintiff proposed a $6 million-$10 million high-low, though it was not accepted. Defense’s last firm offer was $3 million. Plaintiff’s last dollar figure demand was $10.6 million, which represented the extent of the policy limits. The Defendant was not working within the scope of her employment at the time of the crash, but she was covered under her employer’s policy. The employer was not a Defendant, having been dismissed by summary judgment. On December 9, 2021, a Cook County jury awarded Ms. Neese $21,059,014 to compensate her for her injuries. This was the first of four seven- or eight-figure verdicts by Salvi, Schostok & Pritchard attorneys in three months ($21.05M December 9, 2021; $1.8M February 24, 2022; $3.73M February 24, 2022; $3.57M March 11, 2022), three of which with Patrick A. Salvi II as lead trial counsel.
Following trial, the parties agreed to settle the case for $20 million during an April 29, 2022, mediation with retired Judge William E. Gomolinski.
“We are thankful this settlement will allow Kayla to begin to move forward and seek adequate treatment for her injuries without having to go through the lengthy appeal process,” Plaintiff’s attorney Patrick A. Salvi II said.
The Plaintiff was also represented by Salvi, Schostok & Pritchard attorneys Brian L. Salvi, Aaron D. Boeder, and Rob L. Kohen.
Please contact Salvi, Schostok & Pritchard’s Director of Public Relations, Marcie Mangan, at (312) 372-1227 or mmangan@salvilaw.com for more information.
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