Illinois Appeals Court Holds Injured Plaintiff Was Entitled To More Damages

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In Anderson v. Zamir, No. 5-08-0542, the Appellate Court of Illinois, Fifth District, took the unusual step of reversing a jury verdict and remanding the case to the trial court for a new trial on the issue of damages.

In Anderson, the plaintiff was injured in a car accident with the defendant, in which the defendant’s vehicle rear-ended Anderson’s. Anderson’s head hit the steering wheel and she later suffered from neck tenderness and pain, lower back pain and a cervical MRI revealed a tear in the labrum of her left shoulder. She underwent orthoscopic shoulder surgery to repair the tear in her labrum, which left a few small scars on her shoulder. She then required physical therapy to improve her injury and strengthen her injured shoulder.

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