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MADISON - ST. CLAIR RECORD

Thursday, April 18, 2024

Madison County jury awards motorist $1,000 in trial over Michigan collision

Lawsuits
Law money 09

A Madison County jury awarded a motorist just $1,000 in damages in a suit involving a 2011 crash in Michigan.

After deliberating for two and a half hours on Aug. 15, the jury awarded plaintiff Craig A. Atkinson $1,000 for pain and suffering experienced as a result of his injuries.

Madison County Circuit Judge David Dugan presided over the trial, which began Aug. 13.

Atkinson was represented at trial by attorney Edward J. Szewczyk of Callis Papa & Szewezyk PC in Granite City.

Defendant Nancy J. Polzin was represented at trial by Kenneth P. Williams of Segal McCambridge Singer & Mahoney Ltd.

Atkinson filed his complaint Sept. 3, 2013, alleging he was driving a 2003 Dodge Ram Truck on Sept. 5, 2011 traveling westbound in the far left lane on I-94 near Warren Wood Road in Chikaming Township in Michigan. At the same time, Polzin was driving a 2004 Ford Escape in the same lane.

Atkinson claimed he was slowing down because of traffic when Polzin rear-ended his vehicle.

Atkinson alleged Polzin failed to keep her vehicle under control, failed to keep a proper lookout, improperly operated her vehicle too closely to the plaintiff’s vehicle, failed to reduce her speed, and failed to exercise due care and caution.

As a result, Atkinson claimed he suffered injuries to his head, shoulders, ankles, knees, hand, back, neck and right leg.

In a trial brief filed by Polzin’s counsel on Aug. 10, the defendant alleged the damage to Atkinson’s vehicle was “minimal,” and the plaintiff reported no injuries at the scene and declined medical treatment.

Polzin argued that Atkinson's "extensive pre-accident medical history involving the same complaints he now attempts to relate to the subject accident, his refusal of treatment at the scene of the accident, the diagnostic studies performed at the hospital the day after the accident which revealed no evidence of acute post-traumatic injury, and the independent medical evaluation of Dr. [Benjamin] Crane all lead to the conclusion that Plaintiff simply cannot prove his alleged injuries are the result of the subject motor vehicle accident,” the brief stated.

Madison County Circuit Court case number 13-L-1497

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