Trial Magazine

Amy Koplin, 25, was walking north on North Michigan Avenue in Chicago when she arrived at its intersection with Ohio Street. Northbound Michigan Avenue traffic had a green light, and eastbound Ohio Street traffic was stopped for a red light. Koplin had a walk signal and began crossing Ohio Street in the designated crosswalk.

At around the same time, a northbound Chicago Transit Authority bus entered the intersection and began turning right. The driver allegedly never stopped before beginning her turn and never saw Koplin, who by that time had made it more than halfway across Ohio Street. The bus ran over and crushed Koplin’s feet. She suffered multiple fractures to both feet, and the large toe on each foot was nearly severed.

Koplin underwent a pinning procedure on multiple toes and had extensive debridement of damaged tissue. Although her orthopedic injuries healed, she developed bilateral complex regional pain syndrome, a chronic condition that causes intense pain, hypersensitivity, swelling, and electric shock like sensations to the affected area. The pain, swelling, and disfigurement prevented her from being on her feet for any significant amount of time.

The pain became so severe and disabling that Koplin underwent ketamine neuromodulation therapy. The treatment entails placing the patient under general anesthesia and administering five-hour infusions of the anesthetic agent ketamine. The infusions are repeated for five days in a row. Koplin has undergone nine such treatments. Although she has had a spinal cord stimulator implanted in her lower back, she will require ketamine therapy for life.

Her past medical expenses totaled approximately $861,400, and the present cash value of her future life care costs is estimated between approximately $1.28 million and $1.63 million.

Koplin sued the Chicago Transit Authority and the bus driver, alleging that the driver was negligent in failing to keep a proper lookout and yield to a pedestrian in the crosswalk.

The parties settled at mediation two months before trial for $6 million, paid by the transit authority.

Citation: Koplin v. Chicago Transit Auth., No. 2014-L-001107 (Ill. Cir. Ct. Cook Cnty. May 19, 2017).

Plaintiff counsel: AAJ members Lawrence T. Ruder and Louis C. Cairo, both of Chicago.