Posted On: December 13, 2009 by Steven J. Malman

Alton Motorcyclist Awarded $1.3 Million for Illinois Motor Vehicle Accident Wants More Damages from Insurance Company

A man who a jury awarded $1.3 million for serious injuries he sustained in an Illinois motorcycle accident is now asking for sanctions against, as well as half a million dollars in damages from the responsible driver's insurance company. Steven Thomas Kirk, an Alton resident, severed his foot and part of his leg when he was injured in a June 30, 2006 traffic accident.

Kirk was riding his motorcycle when a vehicle driven by Enver Hamiti, who is also an Alton resident, hit him. Police cited Hamiti for not obeying a stop sign. Kirk, who was under the influence at the time of the Illinois motor vehicle accident, was not cited for causing the crash or ticketed for drunk driving.

Kirk sued Hamiti for Illinois personal injury. He says the motorist did not attempt to assist him or call for help. Kirk says that while he lay on the street with his leg detached, someone came up to him and robbed him, stealing a diamond earring that he was wearing.

A jury awarded him $1.8 million. It did, however, subtract 20% for the plaintiff’s contribution to causing the traffic collision.

Now, Kirk is accusing Hamiti’s insurer, Mercury Insurance Co., of persuading (maybe even bribing) a witness to lie about what she saw. During the civil trial, the witness said she saw Kirk weaving and speeding on the road. She claimed she lived in an apartment close to where the motorcycle accident happened and that “Friends” was on at the time.

The Illinois motorcycle accident, however, happened at 11pm and “Friends” was on at 9pm that night. During cross-examination, the witness said that her lease on the apartment started six months after the motorcycle collision.

Kirk is seeking sanctions and another $500,000 in damages.

Amputee seeks sanctions against insurance company post-trial , The Record, December 2, 2009

Alton man seeks more damages after jury award, The Telegraph, December 1, 2009

Related Web Resources:
Motorcycle Accidents, Justia

Mercury Insurance Co.

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