Brady, Connolly & Masuda, P.C. Obtains Defense Jury Verdict In Lumbar Fusion Case

Andrew Makauskas of Brady, Connolly & Masuda, P.C. successfully represented defendants, Ronald C. Bentkowski and Aspen Plumbing Company, Inc., in a personal injury lawsuit filed by Thomas McCann.  The case was tried before Judge Terrence Sheen in Wheaton, Illinois from July 31, 2006 to August 3, 2006.  After deliberating three and a half hours, the jury returned a verdict in favor of both Defendants. 

The Plaintiff, Thomas McCann, alleged that an automobile accident of August 30, 2002 was caused by Defendant, Ronald Bentkowski, an employee of Aspen Plumbing Company, Inc.  The Plaintiff alleged that Mr. Bentkowski entered Plaintiff's lane of traffic from a private drive without stopping or yielding the right-of-way to Plaintiff. This action caused Plaintiff's vehicle to go over three curbs, each six inches tall, and then hit a light standard. 

The Plaintiff claimed that his pre-existing spondylolisthesis, the movement of the L5 vertebrae forward on the S1 vertebrae, was aggravated by the accident of August 30, 2002.  Furthermore, Plaintiff alleged that the exacerbation of the pre-existing spondylolisthesis required fusion surgery from the L4 to the S1 level performed on August 29, 2005. The Plaintiff incurred $197,000.00 in medical bills.  Before trial, Plaintiff's counsel demanded $500,000.00 to settle the case. 

The Plaintiff had been treating for his spondylolisthesis on an intermittent basis with chiropractors since 1999; however, Plaintiff testified at trial that his symptoms became much worse immediately after the August 30, 2002 accident.  Plaintiff's expert, Dr. Ryon Hennessy, testified that the August 30, 2002 accident caused an exacerbation of the spondylolisthesis and was 80% responsible for the need for surgery.

Defense expert, Dr. Steven Mardjetko, has published extensively in the area of spondylolisthesis and concentrates 95% of his practice in the area of spinal surgery.  Dr. Mardjetko testified that the accident did not exacerbate the Plaintiff's spondylolisthesis and that the August 29, 2005 surgery was just the natural progression of the condition.  Dr. Mardjetko's opinion was based upon the prior treatment received by Thomas McCann, the fact that Thomas McCann did not receive consistent medical treatment until September of 2004 and that he did not undergo surgery until August 29, 2005. 

Brady, Connolly & Masuda, P.C. is pleased to share this successful jury trial result.  We look forward to further assisting in the investigation and defense of your civil litigation matters.  The Brady, Connolly & Masuda, P.C. Civil Litigation Department is equipped to handle the following type of civil litigation: transportation, products liability, employer liability, premises liability, insurance coverage, construction litigation, and subrogation matters.  If Brady, Connolly & Masuda, P.C. can be of assistance with any of your civil litigation needs, please feel free to contact Mr. Makauskas or Ms. Budzien