Opinion
No. 01 C 9759
May 21, 2002
MEMORANDUM OPINION AND ORDER
Plaintiffs were injured on Christmas Day, 1999, when their vehicle was side-swiped by a hit-and-run driver. In due course they submitted claims to the insurance carrier responsible under the Uninsured Motorist Provision of a liability policy. The insurance carrier ignored them, they ultimately brought suit, the insurance carrier continued to ignore them, default judgment as to liability was granted on April 18, 2001, and the matter was continued to May 16, 2000, for prove-up, and the carrier continued to ignore them. We now enter judgment. We award Veronica Kirk damages in the amount of $5,109.00, Larry Kirk damages in the amount of $11,199.00, Carla Foster damages in the amount of $18,691.00, the plaintiffs jointly and severally $25,000.00 for the carrier's vexatious and unreasonable delay pursuant to Section 155 of the Illinois Insurance Code, 215 ILCS 5/155(I), and reasonable attorney's fees and costs.
Not surprisingly, plaintiff's counsel urges damage amounts we consider overly generous. Luckily for plaintiffs they emerged from the accident with soft tissue injuries of limited duration. Veronica Kirk had a left leg contusion and mild discomfort to the right side of her neck. Her medical expenses were $109.00 for a one-time treatment at the hospital emergency facility. While there is a reference by her employer to migraine headaches and lower back pain, there is nothing in the medical records to associate those with the accident.
Larry Kirk's treatment was somewhat more extended. He had a mild right-sided neck strain, continuing headaches and neck aches, and back pain. By March 15, 2000, he was still having muscle spasms and neck and back pain. He had some physical therapy, but the demands of his employment required physical stress and necessitated his missing a number of physical therapy sessions. That slowed up recovery somewhat, but treatment after March 15, 2000, was considered unnecessary. His medical expenses were $1,199.00.
Carla Foster's injuries were somewhat more extensive. She had pain on her left side in her neck, arm, hip and leg, and also experienced headaches. X-rays were taken on two occasions and she went through a number of physical therapy sessions, ending April 17, 2000. Her medical expenses were $3,691.00.
All of the plaintiffs, as was to be expected, experienced some psychological impact due to the trauma. Larry Kirk, particularly, suffered sleep problems in the immediate aftermath of the accident.
Given the carrier's total disregard of its obligations, we consider an award of $25,000.00 appropriate pursuant to Section 155 of the Illinois Insurance Code. See Millers Mutual Insurance Association of Illinois v. House, 221 Ill. Dec. 613, 675 N.E.2d 1037 (Ill.App. 5th Dist. 1997). Finally, plaintiffs are entitled to reasonable attorney's fees and costs. Their attorney shall present a documented petition for fees and costs within 14 days. Final judgment will await a determination of fees and costs and then all awards will be set forth in a final judgment order.