Marikate Maggio, an 18-year-old student, was driving a Mini Cooper on a highway when she arrived at an intersection with a traffic light. She attempted to turn left when a tractor-trailer driven by Miguel Garcia-Moreno crashed into her vehicle. Maggio suffered traumatic injuries and died twenty minutes later. She was survived by her mother.
Maggio’s mother, individually and on behalf of Maggio’s estate, sued Garcia-Moreno’s employer, 48Forty Solutions LLC, claiming negligent retention and choosing not to perform a proper background check on Garcia-Moreno or providing him with adequate supervision and training.
The Maggios maintained that the dashcam would have showed Garcia-Moreno had run a red light. The Maggios also alleged that the defendant trucking company had written up Garcia-Moreno three times for preventable collisions in addition to other preventable incidences that allegedly occurred while Garcia-Moreno was working for other trucking companies.
The defendant truck company argued that Garcia-Moreno was a good worker, that the company had performed a proper background check on him and provided adequate supervision.
Before trial, the parties settled for $9 million.
The attorneys successfully handling this tragic case were Thomas A. Crosley and Shawn M. Machler.
During discovery, the Maggio attorneys presented experts in counseling, economics, accident reconstruction and fleet operations.
The defendant presented experts in truck fleet operations and economics.
Maggio v. 48Forty Solutions, LLC, No. 2018 CI 24231 (Tex. Dist. Ct. Bexar County).
Kreisman Law Offices has been handling truck accident lawsuits, wrongful death cases, intersection crash lawsuits, negligent entrustment lawsuits, and semi-trailer crash lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 45 years in and around Chicago, Cook County and its surrounding areas, including Western Springs, Berwyn, Maywood, Oak Park, Rosemont, Elk Grove Village, Barrington, Streamwood, Bartlett, Hanover Park, Bloomingdale, West Chicago, Warrenville, Forest Park, Park Forest, Crestwood, Hickory Hills, Palos Park, New Lenox, Monee, Matteson, Olympia Fields, Flossmoor, Homewood, Highwood, Alsip, Blue Island, Chicago (Chicago Lawn, Legends South, Windsor Park, South Chicago, East Side, Chatham, Little Village, Austin, Mont Clare, Rogers Park), Harwood Heights, Park Ridge, Elk Grove Village, Skokie and Morton Grove, Ill.
Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.
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