CASE REPORT
(RRR 10/3) STOP SIGN--PLTF WITH RIGHT OF WAY--WRONGFUL DEATH AND SURVIVAL ACT CLAIMS (1F)
Estate of Heinz Schelhammer, deceased v Danya Shaikh 18L-13549 Tried Nov. 1-7, 2022
Steven M. Grossi Steve is an experienced trial attorney with more than 70 reported verdicts. He has been recognized as a President’s Award and Vol- unteer of the Year Award recipient with the Illinois Defense Counsel; an ABA Free Legal Answers nationwide pro bono leader; and a member of the State Farm Rising Star Acad- emy. In almost a decade as a State Farm attorney, he has successfully represented insureds in auto, premises, construction, general negligence, and appellate matters. In all, Steve has practiced in Illinois state and federal courts since 2010, after he earned both his J.D. and B.A with a double major in economics and psychology from the Univer- sity of Illinois at Urbana-Champaign.
VERDICT: Not Guilty
JUDGE: Israel A. Desierto (IL Cook-Law)
PLTF ATTY(S): John P. Scanlon, Michael P. Scanlon of Healy Scanlon Law Firm (Chicago, IL) DEMAND: $2,250,000. ASKED: $3,000,000 DEFT ATTY(S): Steven M. Grossi of Yvonne M. Kaminski & Associates (Chicago, IL) (State Farm) OFFER: high/low
PLTF MEDL: Dr. Sergey Neckrysh (Neurosurgeon)
PLTF EXPERT(S): Dr. Jesse Hall (Critical Care); Michael Rogers (Accident Reconstruction)
DEFT EXPERT(S): Dr. Harel Deutsch (Neurosurgeon)
Heinz Schelhammer was driving eastbound on Peterson Ave. (a through street) in Park Ridge when southbound deft pulled out from a stop sign on Fairview Ave. and struck the passenger side of Heinz’s vehicle on December 19, 2016. Impact speed was estimated at around 40 to 45 mph and caused deft’s vehicle to spin around onto the grass. Heinz (M-62) contended he suffered aggrava- tion of pre-existing lumbar degeneration; he had previously undergone lumbar spine surgery but claimed minimal or no symptoms in the years prior to the crash. Heinz experienced significantly increased complaints of back pain and symptoms, requiring an MRI and eventually lumbar fusion surgery two years later. Following the fusion, Heinz developed a deep vein thrombosis, resulting in a prolonged hospitalization, placement of an IVC filter, postop complications, pulmonary embolism, and death two weeks later ($372,428 medical expenses). The estate maintained Heinz had the right of way, deft F-30 failed to keep a proper lookout, and she was distracted by her cell phone GPS. Pltf’s accident re- construction expert testified that Heinz’s vehicle would have been visible to deft at least 700 feet away. The defense argued Heinz failed to keep a proper look- out, failed to reduce speed to avoid an accident, and was traveling at a greater speed than reasonable and proper. The defense further contended Heinz’s pre- accident back complaints were more significant than claimed, he would have needed fusion surgery regardless of the collision, and treatment gaps after the occurrence suggested he was not injured in the crash. Yvonne M. Kaminski & Assoc. is the State Farm claim litigation counsel office in Chicago. With almost 50 trial attorneys, Yvonne M. Kaminski & Assoc. represents thousands of insureds pursuant to auto and fire com - pany policies.
JURY VERDICT REPORTER • 2023 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 13
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