Motorcycle rear-ended by car: Failure to keep proper lookout: Head injuries: Tracheotomy: Multiple fractures: Settlement

Law Reporter, May 2004

Costello v. Toan, Ill., Cook County Cir. Ct., No. 03 L O01511, Jan. 6,2004.

Costello, 54, and his wife, 52, were riding on a motorcycle. A car rear-ended the motorcycle, throwing Costello and his wife from it.

Costello suffered a closed head injury, multiple facial fractures, laryngeal edema requiring a tracheotomy, and a dislocated ankle, among other injuries. His past medical expenses totaled approximately $204,700. His future medical expenses are estimated at $15,000. Formerly a salesman earning approximately $70,000 annually, his past lost income due to the incident was approximately $14,200.

Costello's wife suffered a closed head injury, intracranial hemorrhage, a broken collarbone, a fractured rib, and middle ear damage, among other injuries. Her past medical expenses totaled about $64,500. She continues to suffer seizures as a result of the incident. Formerly an office manager earning approximately $40,000 annually, she missed about six months of work due to the incident. Her lost income was approximately $4,600.

Costello and his wife sued the car driver and his wife, who co-owned the vehicle. Plaintiffs alleged negligence in driving too fast, failing to keep a proper lookout, following the motorcycle too closely, and failing to adequately maintain the car's brakes.

The parties settled before trial for $1 million.

Plaintiffs' Counsel

*Michael R. Panter, Chicago, Ill.