Trial Magazine

Jossie Mendonca, 61, was riding his bicycle on a roadway in Village of Forest Park, Ill., when the bike’s front wheel dropped into a hole approximately 13 inches wide. He crashed, suffering a burst fracture of his T5 vertebra, which required surgical repair with titanium rods and screws. He continues to experience pain. His medical expenses totaled more than $229,900. A forklift operator, Mendonca was out of work for seven months and incurred more than $25,400 in lost income.

Mendonca sued the Village of Forest Park, alleging that the roadway was not in a reasonably safe condition and that the defendant had actual or constructive notice of this. The defense argued that the defect was a sinkhole that had appeared recently. The plaintiff countered that the hole had been present for approximately one year, according to testimony from a neighbor.

The parties settled for $575,000.

Citation: Mendonca v. Village of Forest Park, No. 18 L 012151 (Ill. Cir. Ct. Cook Cty. Oct. 2020).

Plaintiff counsel: AAJ member Matthew R. Basinger, Chicago.