Trial Magazine

Yolanda Montes was a passenger on a Chicago Transit Authority (CTA) subway train headed for Chicago O’Hare International Airport. As the train neared the station traveling at about 26 mph, it jumped the tracks and hit an escalator connected to the platform. Montes, who was standing in the sixth train car, was thrown about and struck the front and back of her head on the car’s interior.

The train operator later reportedly admitted that she had fallen asleep.

Montes, 33, was taken to a hospital emergency room, where staff diagnosed a concussion and neck sprain. She later followed up with her physician because of neck and back pain, and imaging revealed herniated disks at C5-6 and L5-S1. The L5-S1 herniation pre-dated the collision but was asymptomatic until the time of the incident. Doctors were uncertain whether the C5-6 herniation was new or preexisting but it, too, resulted in pain that was not present before the incident. The injury also aggravated preexisting degenerative disk disease in her spine.

In addition to localized pain, Montes developed nerve impingement and radicular pain, which failed to respond to physical therapy and multiple ­nerve-block injections. About 15 months after the incident, she ­underwent fusion surgery at C5-6. Nine months later, she had a second fusion at L5-S1.

Despite the treatment, Montes continues to suffer pain and a limited range of motion in her neck and pain in her lower back. She will require ongoing pain management treatment, and she may require additional fusion surgeries at adjacent disk levels.

At the time of the incident, Montes was working as a TSA officer at O’Hare. Pain from her injuries affected her ability to lift, bend, or stand for long periods. She missed time from work and had to transition to a sedentary position. The injury also forced her to abandon plans of becoming a Chicago police officer.

Montes sued the CTA, alleging that it was vicariously liable for its operator’s negligence in falling asleep and directly liable for failing to properly supervise the operator.

The CTA admitted that it was negligent in the operation of the train but contested causation and damages. The defendant argued that the collision had not caused the plaintiff to suffer anything more serious than a concussion and neck/back strain and that any other problems she had resulted from ­preexisting degenerative disk disease and arthritis. The plaintiff countered with testimony that her conditions were previously asymptomatic and had never caused her pain, required her to seek treatment, or interfered with her work or life.

The jury awarded approximately $6.65 million, including $2.7 million for future pain and suffering, $840,000 for past pain and suffering, $840,000 for future loss of normal life, $617,000 each for past and future medical expenses, $500,000 for past and future lost earnings and benefits, $440,000 for past loss of normal life, and $50,000 each for past and future disfigurement. The judgment has been paid.

Citation: Montes v. Chi. Transit Auth., No. 2014-L-4695 (Ill. Cir. Ct. Cook Cnty. May 5, 2017).

Plaintiff counsel: AAJ member Christopher M. Norem and Amanda M. Martin, both of Chicago.

Plaintiff experts: Samer Bashiti, emergency medicine, Krzystof Siemionow, orthopedic surgery, Samir Sharma, pain management, Ben Tsang, internal medicine, and Stephanie Weaver, physical medicine, all of Chicago.

Defense expert: Tom Stanley, orthopedic surgery, Elgin, Ill.