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Illinois Attorney Obtains Favorable Result for Garbage Truck Company and Employee

Chicago Attorney Phillip G. Litchfield recently prevailed on behalf of our waste disposal company client and its employee in the Circuit Court of McHenry County.

At the time of the accident, Plaintiff was 89 years old and alleged that she was struck by the garbage truck that our client’s employee was operating, knocking her over and causing her to sustain a hip fracture and broken humerus. Following the accident, Plaintiff was admitted to a long-term care facility for three months and was unable to walk for more than two months during her stay at the facility. Plaintiff eventually recovered from her hip fracture, but suffered a 40 percent loss of the range of motion in her injured shoulder. During her trial testimony, Plaintiff complained of ongoing pain in her shoulder and an inability to perform many of her typical daily activities. At trial, Plaintiff sought damages for medical specials, including stipulated medical bills, pain and suffering, loss of normal life and permanency.

Throughout the three years wherein the case was pending, Plaintiff refused to reduce the pre-suit demand. At the bench trial, Phil argued that Plaintiff did not seek any further treatment after she received a steroid injection for her shoulder pain less than a year after the accident. Our Defense also noted that Plaintiff had a history of post-accident falls that caused other injuries. Phil later highlighted her treating physician’s opinion that all of Plaintiffs accident-related treatment ended 10 months after the accident.

In November 2023, the Circuit Court judge reduced the award by 40 percent of Plaintiff’s comparative fault, which yielded a judgment less than the undisputed medical bills offered into evidence.

Phil focuses his practice on personal injury, wrongful death claims, construction negligence, construction defect, and other litigation matters. He defends insureds, contractors and tradesmen as well as manufacturers and distributors in actions alleging injuries or property damage.