The Horwitz Law Group Settles Metra Derailment Case for $2.1 Million

December 14, 2010

Chicago injury attorney Mark J. Horwitz, of The Horwitz Law Group, has settled the case of Marie Bullock v. Metra for $2,100,000. This was one of the last of the injury cases from a commuter train derailment in September 2005 that killed two passengers and injured over 100. Metra and its insurer contested the nature and extent of Ms. Bullock's severe injuries, which included a fractured fibula. Mark Horwitz of The Horwitz Law Group enlisted expert medical testimony on Ms. Bullock's behalf to bring about the settlement.

On September 17, 2005, a Metra train sped through a track crossing at excessive speed and derailed near 47th Street in Chicago. The crash killed two people, injured 117, and led to over 150 lawsuits.

One of those suits was Marie Bullock's. Ms. Bullock suffered a fractured fibula that required three surgeries and two extensive follow-up procedures. Her case also involved claims of post traumatic stress disorder and complex regional pain syndrome. Mark J. Horwitz of The Horwitz Law Group brought the suit on behalf of Ms. Bullock.

Metra and its insurer admitted fault, but contested the nature and extent of Bullock's injuries. Much of the ensuing litigation involved competing expert testimony. Specifically, the defense hired a psychiatrist, seeking to show that Ms. Bullock did not suffer from PTSD. The defense also hired a doctor, seeking to disprove the CRPS/RSD claims.

To make Marie Bullock's case, the Horwitz Law Group used Dr. Edward Mahoney, plaintiff's treating psychologist, to testify that Ms. Bullock had a video in her head of the horrific sights and sounds she experienced during the crash that would never go away. Mark Horwitz also hired a life care planner who conferred with her current physiatrist to come up with Ms. Bullock's future medical and home improvement needs given the fact that Ms. Bullock suffered from a permanent ankle injury. Plaintiff's attorney Mark J. Horwitz also succeeded in showing that one of the defendant's medical experts, who later became Ms. Bullock's treating doctor and testified that she would only be limited to "walk around Disneyworld for the day," had allowed his physician's assistant to sign a form from the Illinois Secretary of State entitling Ms. Bullock to a permanent handicap placard. This application for a permanent handicap placard clearly showed that the doctor was far overreaching in his expectations for Ms. Bullock's recovery.

Throughout the extensive pre-trial process, the Horwitz Law Group provided tenacious legal representation for Marie Bullock - and after motions in limine had been ruled upon, Metra agreed to settle the case for $2.1 million. This was the largest settlement for any of the plaintiffs other than the two fatalities and a verdict that was reached by a Cook County jury regarding one passenger who was left in a near quadriplegic state.

If you have suffered an injury in an accident due to the negligence of others and would like to speak to a Chicago accident attorney, please contact The Horwitz Law Group at 1 (312) 386-7002 or visit their site at http://www.thehorwitzlawgroup.com.