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$1.25 Million Settlement for Injured 82 Year-Old CTA Blue Line Passenger
April 15, 2008An 82 year-old woman who was seriously injured while attempting to evacuate from an underground tunnel following the Chicago Transit Authority (CTA) Blue Line derailment on July 11, 2006, has settled her lawsuit against the CTA for $1.25 million. She was represented by Daniel M. Kotin and Daniel S. Kirschner, attorneys at the law firm of Corboy & Demetrio.
Following the derailment and while attempting to evacuate from the dark, damp and smoke-filled tunnel, without any direction or guidance from the CTA, the 82 year-old woman fell from the catwalk onto the tracks below. She suffered numerous critical injuries, including a brain hemorrhage, a ruptured spleen, broken ribs, and severe smoke inhalation. She underwent several surgical procedures at Northwestern Memorial Hospital, and then underwent a long recuperation at two rehabilitation facilities. She is now, once again, living independently.
Remarkably, and fortunately, she has no recollection of the event. Accordingly, her settlement was based solely upon her physical injuries rather than the emotional trauma and mental distress experienced by so many of the other passengers.
According to attorney Kotin,
Of our 65 clients who were on that Blue Line train, the predominant common injury is mental distress, including post traumatic stress disorder. Fortunately, for our client, her last memory is leaving work at 5:00 o’clock that day and her next recollection is in the hospital several days later. If she had the psychological injuries that so many other victims have, I am sure her case would have been worth much more or would have settled for a much higher amount.
Most of the other lawsuits, including all 64 of the other victims represented by Corboy & Demetrio’s attorneys Kotin and Kirschner, remain pending in the Circuit Court of Cook County. Judge Daniel Locallo has agreed to mediate several of these claims in an effort to settle them.
According to Kirschner,
Because of her serious injuries and advanced age, we needed to expedite the resolution of our client’s case so she could receive compensation sooner rather than later. We will continue seeking justice for all the other victims of this derailment. Because of the psychological injuries involved, some of these cases may be quite complicated. This settlement and the remaining lawsuits stand in stark contrast to the CTA’s public representation that this was a minor event with minimal injuries. With this settlement, the riding public will now know the truth about this disaster.
Kotin and Kirschner have been appointed Lead Counsel by the Court for the more than 150 claims filed on behalf of Blue Line victims.
