Woman struck by bus: Failure to keep proper lookout: Knee, shoulder injuries: Degloving injury: Lymphodema: Settlement

Law Reporter, May 2004

England v. Bi-State Dev. Agency, Ill., Madison County Cir. Ct., No. 01-L-1630, July 9, 2003.

England, 39, was crossing a street in a crosswalk with the signal in her favor when a bus struck her. England suffered a degloving injury to her left thigh, internal derangements of both knees and shoulders, and torn ligaments in her wrist, all of which required multiple surgeries to correct. She subsequently developed lymphodema as a result of her injuries. Her past medical expenses totaled approximately $290,000, and her future medical expenses are estimated at $1 million. Formerly a billing clerk, England has been unable to return to work since the incident.

England sued the public transportation agency, alleging its driver failed to keep a proper lookout.

The parties settled before trial for $4 million.

Plaintiff's experts were Gilbert Rutman, wage loss, Edwardsville, Ill.; J. Stephen Dolan, vocational rehabilitation, Alton, Ill.; Terry Winkler, life-care planning, Springfield, Mo.; Max. H. Matos, orthopedic surgery, Maryville, Ill.; and Robert C. Wanless, plastic surgery, Belleville, Ill.

Defendant's experts were Steven Katz, internal medicine, and James England, vocational rehabilitation, both of St. Louis, Mo.

Plaintiff's Counsel

*Jon G. Carlson, Edwardsville, Ill.

*Eric J. Carlson, Edwardsville, Ill.

*Rod Pitts, Wood River, Ill.

Comment: For another case in which a pedestrian was struck by a bus, see Haywood v. City of Culver City, CaL, Los Angeles County Super. Ct., No. SC065721, Dec. 2, 2002. There, Haywood was attempting to board a bus, but the bus driver did not see her and drove away. Haywood lost her balance and fell into the road, where the bus struck her. Haywood suffered a fractured hip and elbow. Haywood sued the city, alleging its driver was negligent in failing to keep a proper lookout. The parties settled before trial for $2.46 million. *Geoffrey S. Wells and *Browne Greene, both of Santa Monica, CaL, represented plaintiff.