Articles Posted in Settlements

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When Joyce Fogle, 57, slowed her car for traffic on a highway, Taylor Merritt’s vehicle rear-ended Fogle’s vehicle. Fogle was taken to a hospital where she underwent a CT scan of her brain and x-rays of her knees. She received conservative treatment for back pain and later underwent surgery at L4-5, followed by physical therapy.

Fogle continued to suffer residual pain, for which she takes over-the-counter medication. Her medical expenses totaled over $145,000.

She sued Merritt, alleging she was following too closely.

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Charles Peterson, 39, was driving on an interstate highway when another vehicle collided with his. The impact of the crash caused Peterson to lose control of his vehicle, which moved onto the highway median.

The driver of a commercial truck then made a sudden turn on the highway, causing its trailer to fishtail and strike Peterson’s vehicle.

Peterson suffered serious injuries necessitating amputation of both legs. His medical expenses were $1.2 million.

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Jeffrey Newton, 52, was driving his motorcycle through an uncontrolled intersection. While in the intersection, Steven Giambruno was driving a semi-truck as part of his employment with Freight Logistics Inc. Giambruno allegedly turned left in front of Newton.

The motorcycle and the truck crashed and Newton was ejected from his motorcycle and landed on the pavement.

He sustained a fractured left hand, fractured ribs and a pneumothorax, which is a collapsed lung.

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Michelle Olivarez was stopped in traffic when a vehicle driven by Kelsey Nelson rear-ended her vehicle.  The crash aggravated Olivarez’s pre-existing neck pain, migraines and fibromyalgia.

Olivarez, 39, also suffered a soft-tissue injury to her left knee. She received physical therapy for her knee injury, was prescribed medicine, and received neck injections.

Olivarez’s medical expenses totaled more than $108,000.

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In a federal district court matter, the district judge ruled that the obligation of a defendant who settled a negligence lawsuit wasn’t “uncollectible” and would not be reallocated between the remaining tortfeasors.

The Illinois Supreme Court, answering a question presented by the 7th Circuit Court of Appeals, concluded that “the obligation of a tortfeasor who settles is ‘not uncollectible’ within the meaning of Section 3.” Section 3 is part of the Illinois Joint Tortfeasor Contribution Act, which states that “no person shall be required to contribute to one seeking contribution an amount greater than his pro rata share,” except when “the obligation of one or more of the joint tortfeasors is uncollectible.”

Two of the seven Illinois Supreme Court justices dissented with a view that this ruling undermined the legislative goal of promoting settlements. The dissent stated that the Illinois Supreme Court’s decision “would likely require the General Assembly to revisit the Contribution Act.”

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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.

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The Doe family was riding in a SUV on a highway on the way to Walt Disney World in Orlando. Jane Doe, 40, was driving the SUV when the car was rear-ended by a tractor-trailer that was moving at approximately 25 mph. The tractor-trailer was in the right lane and was being driven with a flat tire and another ruptured tire.

Jane Doe’s sister, 45, and a child, 6, were killed in the crash. Three other children ages 9 to 16 sustained injuries. One of the children required an extensive hospital stay.  The family’s medical expenses totaled about $100,000.

The lawsuit was filed against the trucking company, alleging that the driver of the tractor-trailer had chosen not to timely exit the highway as it experienced the flat tire and the ruptured tire. Additionally, the plaintiffs asserted that the trailer had been unsafe in that all its tires were in poor condition, including having insufficient treads and air pressure.

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Mr. Doe, a 36-year-old construction worker, was completing his first day at work at a town home construction site. He was standing next to a large flatbed truck, waiting for help to unload a crane when a commercial trash collection truck came around the corner and sideswiped the flatbed truck.

Mr. Doe was crushed between the two vehicles and suffered severe injuries to his right leg and foot, as well as rib and spinal fractures. Despite multiple foot and leg surgeries, Mr. Doe continued to suffer from chronic lymphedema and deformity. Mr. Doe’s medical expenses totaled almost $400,000.

Mr. Doe sued the truck driver’s corporate employer, alleging that it was liable for the driver’s choosing not to remain in his lane of traffic. Before trial, the parties settled for $1.25 million.

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A truck driver, the plaintiff, Joseph Streetman, was operating a Penske truck on a highway when he was rear-ended by a pickup truck that had just been rear-ended by a tractor-trailer driven by Walto Hendricks. Hendricks was driving for his employer, Gardner Trucking.

Streetman, 77, was taken by ambulance to an emergency room where he was evaluated and released. He was later referred to an orthopedic surgeon and underwent a cervical fusion, lumbar laminectomy, and shoulder surgery.

Streetman had medical expenses that totaled $415,000. He also had a claim of lost income of $55,000.

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Yadvinder Singh, a 30-year-old truck driver, was hired by Destination Anywhere Inc. to haul aggregate materials from Granite Construction Company‘s facility to a construction site. He drove his dump truck to Granite Construction, where an employee loaded it with washed sand.  As Singh drove the truck toward his destination, its right front tire blew out. That caused his truck to leave the road and overturn. Singh was severely injured, taken to a nearby hospital and died that evening. He was survived by his wife and two minor children. He had been earning approximately $50,000 per year.

Singh’s family sued Destination Anywhere claiming it chose not to perform a mandatory safety check on the dump truck two days before the incident. It was alleged that had this inspection been done, it would have been discovered that the front tire’s tread depth was significantly below the limit. The lawsuit also alleged that Granite Construction’s employee was negligent in overloading the truck.

The defendant argued that Singh had routinely instructed aggregate suppliers to load his truck fully. The defendant also argued that maintaining the truck, which Singh had leased from Destination Anywhere, was his responsibility and duty.

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