Date: 01-14-1998

Case Style: Krivitskie v. Cramlett

Case Number: 97 L 263

Judge: Moehring

Court: Circuit Court, Winnebago County, Illinois

Plaintiff's Attorney: Mark Rouleau, Rockford, Illinois

Defendant's Attorney: Kevin Luther of Heyl, Royster, Voelker & Allen, Rockford, Illinois

Description: Rear end collision - Post Concussion Syndrome. The plaintiff Ruth Sonja Krivitski was stopped at a read light in the left hand turn lane waiting for a light to turn green. The defendant claimed that he thought that the light was green and that the Plaintiff would be proceeding through the intersection. The Plaintiff's automobile suffered approximately $2,400 in damages. The drivers seat bracket broke and the headrest was bent backwards. The plaintiff complained of dizziness at the scene of the collision and was removed to the hospital by ambulance. She returned to work the following day and continued to work for several weeks. She continued to suffer headaches and dizziness. She had difficulty maintaining focus at work. The plaintiff was 60 at the time of the collision and worked part time. The defendant plead guilty to the charge of too fast for conditions. At the emergency room she was diagnosed as suffering from a "closed head injury." The plaintiff was subsequently diagnosed as suffering from post concussion syndrome. MRI's failed to demonstrate any specific focal lesion however she had abnormal EEG's. Her neuropsychologist recommended that she discontinue driving her automobile and felt that it was unlikely that she would be able to return to work. The plaintiff's medical bills totaled $17,244.81 An IME of the plaintiff was performed by Doctor I. James Young, M.D., Ph.D of Arlington Heights Illinois. He concluded that she had suffered a head injury but felt that she should be able to return to work within a year without any continuing deficits. The defendants alleged that the plaintiff had a long history of clinical depression and forgetfulness predating the collision and that these were the causes of her condition. The case was mediated by Mr. Eugene Brassfield of Streator, IL and settled for $65,000.00.

Outcome: Settled for $65,000.00.

Plaintiff's Experts: Megan A. Smick, Ph.D. (Licensed Clinical Psychologist), Van Matre Rehabilitation Center, Rockford Memorial Hospital, 2400 N. Rockton, Rockford, IL 61103 Dr. Craig. B. Rogers, Rockford Clinic, 2300 N. Rockton Ave. Rockford, IL 61103 Dr. Panna Shah, Rockford Clinic, 2300 N. Rockton Ave. Rockford, IL 61103 Regina B. Bielkus, MD, 5668 E. State St., Rockford, IL 61108

Defendant's Experts: Dr. I. James Young, Northwest Neurological Associates, 2010 S. Arlington Heights Rd., Arlington Heights, IL 60005

Comments: The trial court dismissed a willful and wanton count of the plaintiff's complaint. The dismissal of the willful and wanton count was appealed. After the case had been settled the Illinois Court of Appeals Second District reversed the dismissal. The opinion will be published in the near future.