Pedestrian struck by bus: Failure to keep proper lookout: Brain injury: Speech, memory problems: Settlement

Law Reporter, May 2002

Pedestrian struck by bus: Failure to keep proper lookout: Brain injury: Speech, memory problems: Settlement.

Tyus,v. Latino Express, Inc., Ml., Cook County Cir. Ct., No. 97 L 14231, Jan. 8,2002.

Tyus, 38, was crossing a street near an intersection when she was struck by a bus. She suffered a brain injury requiring a craniotomy and lobectomy. She now has permanent speech, memory, and mobility problems. Her medical expenses totaled about $1.02 million. She was a bookkeeper earning about $25,000 annually, but she is now unable to work.

Tyus's brother and sister, on her behalf, sued the operator of the bus, alleging its driver was negligent in failing to keep a proper lookout. Plaintiffs also sued the company for which the operator was a subcontractor, alleging agency liability.

The parties settled the case for $7 million. The operator contributed $5 million, and the other company paid the remainder.

Plaintiffs' expert witnesses were Gary Yarkony, physiatrics, Chicago, Ill., and Charles Linke, economics, Champaign, Ill.

Plaintiffs' Counsel

*Kevin P. Durkin, Chicago, Ill.

Brian Nash, Chicago, M.