Motor Vehicle

Woman drove through town with husband clinging to car

Verdict: (P) $100,000.00

Case Type: Pedestrian

Case: Demola Akinfe v. Sonya Akinfe, No. 03-L-88

Venue: Kane County Circuit Court, IL

Judge: Donald Fabian

Date: 07-30-2004

 

PLAINTIFF(S)

 

Attorney:

  • Jeffrey Edward Kehl; Yelton & Kehl; Chicago, IL, for Donald Akinfe

Expert: None

 

DEFENDANT(S)

 

Attorney:

  • Raymond P. Fabricius; Pool, Leigh, & Fabricius; Ottawa, IL, for Sonya Akinfe

Expert: None

 

INSURERS:

 
  • Allstate Insurance Co.

 

FACTS:

On Nov. 13, 1989, plaintiff Demola Akinfe, 24, an accountant, was at his Aurora home when his wife, Sonya, arrived. The Akinfes had recently separated, and Ms. Akinfe was merely returning to the residence to swap vehicles. She entered the couple's Lexus Infiniti and began to exit the home's driveway. As the vehicle entered the road, Mr. Akinfe stepped before it.

He later claimed that he announced a desire to retrieve items from its trunk, but that his wife continued driving and struck him, causing him to fall onto the vehicle's hood.

Ms. Akinfe argued that her husband jumped onto the car hood and was threatening her. In either case, Mr. Akinfe continued to hang on as his wife drove four blocks, making three turns in the process. He finally fell off and sustained ankle and finger fractures.

Mr. Akinfe sued his wife. He alleged that she was negligent in the operation of her vehicle. He claimed that his wife failed to yield to pedestrian traffic. He also contended that she violated a state law that requires all drivers to sound their horn when they may endanger the lives of others.

 

INJURY:


Mr. Akinfe sustained ankle and finger fractures. He also sustained a sprained knee. He claimed that his injuries caused him to miss six weeks of work and a loss of his normal life. He contended that he is no longer able to jog and that he still experiences occasional ankle pain.

Akinfe sought recovery of medical costs and lost wages. He also sought $82,000 for his pain and suffering.

 

 

VERDICT INFORMATION:

The jury rendered a plaintiff's verdict, but Mr. Akinfe was assigned 35% comparative negligence. It awarded Mr. Akinfe $100,000, but the award was reduced to $65,000 as a result of his negligence.

Defense counsel opined that the jury believed Ms. Akinfe's claim that her husband jumped on the car and threatened her. Nevertheless, it also found that her life was not in immediate danger, and that she should have stopped her vehicle until help arrived or her husband dismounted from the vehicle.

 

 

 

Donald Akinfe

$12,000 Personal Injury: Past Medical Cost

$6,000 Personal Injury: Past Lost Earnings Capability

$82,000 Personal Injury: pain & suffering