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Thursday, February 27, 2020

St. Clair County jury awards motorist $107K in crash suit

By Heather Isringhausen Gvillo | Jun 14, 2017

Law money 06

A St. Clair County jury awarded a motorist $107,706.57 in a lawsuit involving a Shiloh collision in Circuit Judge Vincent Lopinot’s courtroom.

The two day trial ended June 6 when the jury returned a verdict in favor of plaintiff Keenan Lane after deliberating roughly an hour and a half.

Lane was awarded $48,206.57 for past medical expenses, $14,000 for future medical expenses, $17,500 for pain and suffering, $7,500 for future pain and suffering, $12,500 for loss of a normal life and $8,000 for future loss of a normal life.

Lane was represented in the trial by Michelle Rich and Christina Cooksey of Fairview Heights.

Defendant Anne Flahive was represented in the case by David Hesi of the Law Offices of Bingley, Hart & Hesi in St. Louis.

Lane filed his complaint on Oct. 19, 2015, alleging he was driving his vehicle southbound on North Green Mount Road in Shiloh on Dec. 4, 2013, when Flahive allegedly rear-ended him.

Lane alleged Flahive failed to keep a proper lookout for other vehicles, drove her vehicle in such a manner to cause it to strike the rear of the plaintiff’s vehicle, failed to properly apply brakes, operated her vehicle at an excessive rate of speed which was greater than was reasonable and proper having regard for the traffic and followed the plaintiff’s vehicle more closely than was reasonable and proper having regard for the speed of the vehicle and the traffic.

Lane claimed he suffered injuries to his neck, back and soft tissues of the cervical, shoulder and lumbar area.

Flahive answered the complaint on Dec. 9, 2015, denying liability.

Flahive filed responses to the plaintiff’s request to admit facts on Dec. 8, 2016, denying that all of the charges for medical expenses were the result of the crash at issue “on the basis that Plaintiff’s low back complaints were not immediately reported in the medical records, and when they were, they were associated with snow shoveling the day before, which could be an alternate cause of the injury.”

“Additionally, there is a later history of throwing his back out at work, another potential alternate cause,” the response stated.

Flahive filed a motion for independent medical review on April 3, arguing that the physical condition of Lane is in controversy.

Lane responded to the motion for independent medical review on April 4.

The response explained that the defendant requested that Lane agree to continue the original December 2016 trial date to participate in mediation. Lane agreed.

Mediation was held on March 7, 2017, but the defendant allegedly did not participate in good faith.

“Defendant failed to even offer 50% of the medical bills incurred,” the response stated. “As a result, mediation failed.”

The response also stated that on March 17, the defendant agreed to reschedule the video evidence deposition of the plaintiff’s treating physician, which took place on March 31. The defendant allegedly failed to mention the motion for independent review at that time.

Immediately after the completion of the deposition, the defendant emailed the motion for independent review to a separate email account for Cooksey, who was not working that day.

The email was allegedly not sent to Rich, who participated in the video evidence deposition earlier that day and was counsel during mediation.

“Plaintiff is completely surprised and prejudiced by Defendant’s Motion, as Plaintiff was ready to proceed to trial on December 12, 2016, and only made the concession to continue the trial and move his treating physician’s video evidence deposition because Defendant requested mediation, in which she failed to participate in good faith,” the response stated.

Lopinot denied the request on April 4.

St. Clair County Circuit Court case number 15-L-588

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Organizations in this Story

Thomas C. Rich P.C.St. Clair County Circuit Court