Amy Anderson Obtains Not Guilty Verdict

Amy Anderson tried a case in Cook County, September 10-12, 2003.

In Earl Campbell v. John Cernuska and Enterprise Leasing Company of Chicago, plaintiff was crossing Lake Street in Chicago from North to South on December 23, 1999 at approximately 5:30 PM. Defendant, Cernuska, was driving a customer to an Enterprise location near Oak Park, when he struck the plaintiff resulting in a surgical fracture to his left lower leg. Plaintiff had a blood alcohol serum level of .391 upon arrival at Mt. Sinai Hospital. Plaintiff’s pharmacology expert, Dr. O’Donnell, testified that the plaintiff was an alcoholic and therefore the level of alcohol did not significantly impair him to contribute to the accident. Defendants’ toxicology expert, Dr. Leikin, testified that while the plaintiff had likely developed a tolerance to the alcohol, the level in the plaintiff at the time of the accident would have caused an impairment that contributed to the accident. The defendant and his passenger testified that the plaintiff was crossing the street mid-block (27 paces from the closest cross-walk) wearing dark clothing on a snowy night. Plaintiff testified that he was crossing in the cross-walk.

After 2.5 hours of deliberation, the jury found in favor of the defendants.