Verdict: Not Guilty
Date: February 2011
Plaintiff’s Medical: Dr. Donald Fishman (Emergency Medicine, Dr. Leslie Shaffer (Neurosurgeon), Dr. Kevin W. Luke (Orthopedist), Dr. Lafayette Singleton (Neurologist), and Dr. Douglas Koltun (Rehab/Physical Medicine)
Plaintiff’s Experts: Charles Culver (Railroad Operational Consultant and Dr. Michael Gelbort, Ph.D. (Neuropsychologist)
Summary: Plaintiff pedestrian was struck by a Metra train at a grade level crossing. He suffered a traumatic brain injury, 1-cm bleed in right occipital lobe, seizure disorder, cognitive deficits, C-1 and C-6 vertebral fractures, right clavicle fracture, four broken right ribs, right pneumothorax, right iliac wing fracture, lacerated liver, and head lacerations. Eyewitnesses stated that the crossing’s warning gates and lights were working and that the train sounded its horn, yet the Plaintiff continued to walk towards the tracks. Plaintiff’s expert stated that the conductor could have done more to prevent striking the Plaintiff.
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Category: Case Results Blog, Cervical Spine/Neck Injuries, Railroad/FELA, Severe Head Injuries, Traumatic Brain Injuries, Trucking Accident