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Posted in Personal Injury on July 2, 2020   |  by Gary Burger

Settlements in Three Cases

Our client Cindy was involved in a three car accident and we were able to recover multiple times for her. She and her husband Nick were on the way to work in Nick's work vehicle when they were rear ended on Highway 270. Cindy had to be taken to the hospital with back and neck pain.

Follow up imaging showed that the accident caused the hardware from a previous back surgery to move, and created new painful disc bulges. Cindy would need corrective surgery again to repair her back, but the incident was 4 and a half years ago and her medical damages at the time of settlement were only $11,000.

Even though Cindy was pain and symptom free for years, the Defendants argued that this was not related to the accident. We sued both other vehicles involved in the accident. We took the deposition of her surgeon, who confirmed the cost of surgery, the change to Cindy's back, and the likely lost time at work.

The week before trial, we recovered the policy limits from the rearmost driver, as well as additional settlement from the middle driver who was partially at fault, for a total of $57,000. Then we pursued the underinsured case.

When the insurance company refused to pay, we sued them for vexatious refusal to settle. The case went to court ordered mediation, and we settled it for $300,000. Here's a picture of her car:

The hood of Marqual’s vehicle flew open as he was driving down the highway. In this moment, Mr. Patton’s life flashed before his eyes. His vision was completely obstructed due to the raised hood of the vehicle.

He lost control of the vehicle and his car was sent barreling into the median. This accident arose from the carelessness on the part of the company that had serviced Marqual’s vehicle. Specifically, employees of this car service failed to properly secure the hood after they completed work on the vehicle.

As a result, our client suffered severe injuries to his knees and back which required a ligament repair surgery and months of physical therapy and rehabilitation. Fortunately, this story has a happy ending.

Marqual has fully recovered from the injuries that he sustained in the accident and the diligence and determination exhibited by those at Burger Law Firm helped to achieve compensation for him to the tune of $82,500!

Our third case we settled for $125,000 with with only $6,259 in medical damages.

In April 2018, our client was using her pressure cooker that she received as a gift from a large department store in the Illinois area. Our client had used her pressure cooker numerous times and was using it according to like she always had.

All of a sudden, the pressure valve malfunctioned, and our client opened the cooker without pressure being release and shooting hot water onto her stomach, side and legs. OWWWW.

Unfortunately, it burned these parts of her body. Our client opted out of a class action litigation involving the pressure cooker and made this individual claim against the manufacture.

The manufacture was liable under the theory of product liability set forth in §§ 402A and 402B of the Restatement (Second) of Torts as the manufacture engage in the business of designing, manufactured, selling, marketing and/or supplying these pressure cookers.

The cooker was defective in that the pressure release – an essential safety feature – unlocked while the contents of the cooker were still pressurized causing injuries to our client.

The cooker was not reasonably safe for its intended use because it did not conform to its intended design and failed by allowing the lid to be opened when the Cooker contained pressurized steam and hot water. Without limitation, the cooker was defective because it did not perform as intended and designed.

Our client went directly to the emergency room. It was determined that she had 1st degree burns on approximately 7% of her total body surface.

The center of the scars were treated with vascular laser on short pulse duration and others were treated with CO2. She underwent this treatment 4 times. This was a painful injury that took a long time to heal. Even with the plastic surgery procedures, she still has permanent scaring from these burns.