Brady, Connolly & Masuda, P.C. Obtains Defense Jury Verdict In Lumbar Fusion Case
Andrew Makauskas of Brady, Connolly & Masuda, P.C. successfully represented defendants, Ronald C. Bentkowski and Aspen Plumbing Company, Inc., in a personal injury lawsuit filed by Thomas McCann. The case was tried before Judge Terrence Sheen in Wheaton, Illinois from July 31, 2006 to August 3, 2006. After deliberating three and a half hours, the jury returned a verdict in favor of both Defendants.
The Plaintiff, Thomas McCann, alleged that an automobile accident of August 30, 2002 was caused by Defendant, Ronald Bentkowski, an employee of Aspen Plumbing Company, Inc. The Plaintiff alleged that Mr. Bentkowski entered Plaintiff's lane of traffic from a private drive without stopping or yielding the right-of-way to Plaintiff. This action caused Plaintiff's vehicle to go over three curbs, each six inches tall, and then hit a light standard.
The Plaintiff claimed that his pre-existing spondylolisthesis, the movement of the L5 vertebrae forward on the S1 vertebrae, was aggravated by the accident of August 30, 2002. Furthermore, Plaintiff alleged that the exacerbation of the pre-existing spondylolisthesis required fusion surgery from the L4 to the S1 level performed on August 29, 2005. The Plaintiff incurred $197,000.00 in medical bills. Before trial, Plaintiff's counsel demanded $500,000.00 to settle the case.