The claim arose out of a collision which took place on October 9, 2010 at approximately 5:30 p.m. Our client was injured when a CTA bus he was a passenger in lost control, veered off the road, and collided with several trees. As a bus passenger, the CTA, a common carrier, owed the plaintiff the highest duty of care.
He was a passenger on the No. 6: Jackson Park Express CTA bus, which was driven by a CTA employee. At the time of the collision, the bus was moving southbound on Lake Shore Drive near Interstate Highway 55.
Our client alleged the CTA driver failed to keep a proper lookout, failed to stop and/or reduce his or her speed to avoid a collision, was driving at an excessive rate of speed, and failed to exercise due care for the safety of those in the area.
Following the collision, the claimant had an immediate onset of knee pain and ankle pain. He was transported by ambulance from the scene of the accident to Saint Bernard Hospital’s Emergency Department.
Upon arrival at the Emergency Department, a history was taken, he was examined, and diagnostic tests were performed. He initially complained of right leg pain, right ankle pain, left knee pain, left ankle pain, and right foot pain. X-rays were taken and the client was diagnosed with a left knee abrasion, right ankle sprain, left knee sprain, and possible right tibial fracture. Based on the findings, his right knee was immobilized and he was given crutches. He was prescribed pain medication and instructed to seek follow up treatment.
Due to ongoing and increasing pain, our client sought follow up medical care with a physician on October 12, 2010. There he complained of left knee pain, right ankle pain, and right foot pain. A history was taken and he was examined. A physical exam revealed left knee edema, pain on palpation of the medial aspect of the joint with some restriction of flexion and extension of the knee joint, right foot edema, and pain on palpation of the lateral aspect of the right ankle with limited range of motion. The doctor noted a possible left knee fracture or torn cartilage. He was diagnosed with a left knee contusion, right ankle sprain, and right wrist contusion. the physician ordered him off work pending a follow up visit. He also ordered a MRI of his left knee and x-rays of his right wrist, prescribed pain medication and recommended physical therapy.
On October 18, 2010, MRIs of his right wrist and left knee were taken. The MRI of the left knee found prominent marrow contusion within the medial femoral condyle, diffuse edema within the superficial soft tissues anterior to the knee, knee joint effusion, and fluid surrounding his MCL compatible with a grade I sprain.
On October 29, 2010, the plaintiff returned for follow up treatment with a medical doctor. At that time he complained of right wrist pain and left knee pain, as well as tenderness and swelling of the right ring finger. The physician noted a right wrist contusion and left knee contusion. At that time, he was allowed to return to work and discharged him as having reached maximum benefit.
Per his physician’s instructions, our client attended five sessions of physical therapy.
The case settled for $13,500 out of court, saving our client the time and expense of litigation.