CASE REPORT
(22 JN/1) TRAFFIC–PLAINTIFF STRUCK WHILE EXITING GAS STATION--MULTIPLE FRACTURES (1C)
Arlene Atlas v The Branch Inc., Anton’s Fruit Ranch Inc. 19L-652 Tried May 31- Jun. 2, 2022
VERDICT: Not Guilty
K. Courtney Gustin K. Courtney Gustin is a staff attorney for The Cincinnati Insurance Companies where she focuses her practice on the defense of policyholders against claims involving au- tomobile collisions, construction liability, premises liability, and medical negligence, as well as subrogation and probate matters in both state and federal court. Previously, Gustin worked at multiple prom- inent personal injury defense firms where she obtained successful outcomes on various jury trials and arbitrations.
JUDGE: Jacquelyn D. Melius (IL, Lake 19th Jud Cir)
PLTF ATTY(S): Joseph M. Preiser, Ian R. Alexander of Goldberg & Goldberg (Chicago, IL) DEMAND: $900,000 ASKED: $1,350,000 DEFT ATTY(S): K. Courtney Gustin, Christopher P. Zann of Cincinnati Insurance Law Dept. (Chicago, IL) for both defts (Cincinnati Insurance) OFFER: $20,000
PLTF MEDL: Dr. Rajeev Garapati (Orthopedist)
Pltf F-74 was pulling out of the Thorntons Gas Station at 55 Skokie Valley Road in Highland Park when her vehicle was struck by defts’ employee (M-40) travel- ing northbound on Skokie Valley Road on May 15, 2019. Pltf sustained multiple pelvic fractures, several broken ribs, and a fractured clavicle. An infection sub- sequently developed in the clavicle, requiring fixation of the clavicle fracture as well as irrigation and debridement at the site of the infection; pltf claims disfig - urement due to a protruding clavicle ($130,000 medical expenses, unspecified LT as a substitute teacher and retail associate, now retired). Pltf contended defts’ employee (who was dismissed mid-trial) was negligent for being dis- tracted, speeding, driving in the middle lane between northbound and south- bound traffic, and failing to take appropriate measures to avoid the collision. The defense argued their driver had the right of way, pltf had a duty to yield, pltf was at fault for pulling out in front of their vehicle, and her own negligence was the proximate cause of her injuries. The defense called the responding police officer to testify at trial. The Cincinnati Insurance Company is in the business of helping when disaster strikes – helping policyholders recover financially; helping families and businesses restore their lives and livelihoods; helping com- munities regain a sense of stability. The Cincinnati Insurance Company will look to pay all that is due un- der their client’s policy after a covered loss. The Cincinnati Insurance Company’s financial strength, stability and ethical approach allows the company to better serve agents, help people recover financially after covered losses and build value for shareholders.
Christopher Zann Christopher Zann is a staff attorney for The Cincinnati Insurance Company. He special- izes in defending policy holders in premises liability, dram shop, dog bites, construction liability, product liability, motor vehicle acci- dents, and defamation litigation in State and Federal Court. He has had numerous suc- cessful arbitration awards, favorable media- tion results, and Not Guilty jury verdicts in his career. Previously, Zann worked as panel counsel for a major insurance company before mov- ing in-house as a staff attorney with another major insurance company.
JURY VERDICT REPORTER • 2023 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 37
Powered by FlippingBook