Illinois State Jury Sides With Defense In Pedestrian's Negligence Action Against City, Claiming City Snow Plowing Forced Her To Walk In Street And Be Struck By Vehicle
June 2, 2016 - Lorraine Patullo-Banks, a Chicago-based accountant, was walking to her home from the Park Ridge Train Station on Feb. 20, 2008. At 6:20 pm, she was struck by a car while attempting to cross Touhy Ave. near 3rd Street. She was severely injured, with $1,000,000 in past medical bills, a future life care plan of $2,500,000, and $1,300,000 to $3,200,000 in past and future lost wages.
On March 23, 2015, Patullo-Banks and her husband, George Banks, filed a complaint against defendant Rand E. Gerald, the driver of the car that hit her, and defendant City of Park Ridge in the Circuit Court of Cook County, IL. Plaintiff settled with Gerald for his $100,000 policy limits. Plaintiff's claim against Park Ridge was based on the Park Ridge policy to plow Touhy Ave. and push the snow up onto the sidewalks and parkways alongside the road. Therefore, plaintiff claimed Park Ridge created a dangerous and impassable condition on its sidewalks at Touhy and 3rd which forced plaintiff into the street and caused the accident. The case was assigned to Judge Lynn Egan, who dismissed the case twice, granting Park Ridge's motion to dismiss and motion for summary judgment on tort immunity act defenses. Both times the appellate court reversed and remanded.
The case was tried before Judge Egan from May 2, 2016 to May 11, 2016. Plaintiffs' attorneys asked the jury to award plaintiff and her husband $26,000,000 in damages. After 64 minutes of deliberation, the jury returned a defense verdict in favor of Park Ridge, and answered yes to a Special Interrogatory asking if plaintiff was the sole proximate cause of her injuries.
The City of Park Ridge was represented by Thomas N. Osran and Michael E. Kujawa of Judge, James, & Kujawa. The full summary on Lexis Advance, including expert information can be found here: Lorraine Pattullo-Banks and George Banks v. Rand E. Gerald and City of Park Ridge; 2016 Jury Verdicts LEXIS 3388.