X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Personal injury attorney Todd A. Smith settled for $5 million a negligence lawsuit filed on behalf of a visiting Polish law student who suffered a closed head injury when the car he was driving was struck by a truck at an intersection over five years ago. Cook County, Ill., Judge Richard J. Elrod entered an order approving the deal on Thursday, Nov. 2. A jury had already awarded Peter Fabian and his wife, Margaret, $5.6 million in June. The settlement was reached during a Nov. 2 post-trial hearing so that the likelihood of a two-year appeal process could be avoided. According to Smith, a name partner in Chicago’s Power Rogers & Smith, the reduced total was connected with lost income due to Fabian’s injury that the defense claimed was “speculative.” The suit, filed against A.J Canfield Co. and the driver, alleged the truck was moving too fast for conditions and that the intersection’s traffic control light was changing as the collision occurred. The suit was Peter Fabian v. A.J. Canfield Co., No. 95 L 9447. Meanwhile, John C. Bell and Charles P. Rantis of Chicago’s Johnson & Bell alleged that Fabian was the one who had failed to yield the right of way. As a result of the accident, Fabian, who had completed four of five years of law school at the University of Bialystock in Bialystok, Poland, suffers from certain cognitive deficits, short-term memory loss and a speech impediment. On Friday, Smith said he did not believe Fabian, whose mother is a practicing lawyer in Poland, would ever be able to return to law school. “He’s tried to study on his own, but his injury has made it difficult to remember things,” he noted. Elrod’s dismissal order states that the settlement can be broken down into two components: first, the loss of consortium to Margaret Fabian in the amount of $1,070,000; and the pain and suffering as well as disability suffered by Peter Fabian in the amount of $3,930,000. “The challenge was putting Peter before a jury,” Smith said. “He presents himself in a healthy fashion, but it’s not the case in his life.” “The settlement,” Smith added, “is one of the largest awards in Illinois history for a closed head injury not resulting in paralysis.” Bell was out of town on business and could not be immediately reached for comment.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.