Kreisman Law Offices Professional Corporation
Jeremy Droege and his five family members, including his wife, his mother, and three children, ages 7, 5 and 3, were passengers in a car that was struck head-on by a truck driven by James Benson for J.B. Hunt Transport on Oct. 2, 2010. The Droege family was in a car traveling northbound on Route 29 in Sparland, Marshall County, Ill., when Benson’s southbound truck tractor, without an attached trailer, crossed the center line into the northbound lane and crashed head-on with Droege’s van near North Street.
Stephanie Droege, 32 and the wife of Jeremy, was the most seriously injured and remained hospitalized for 23 hours, while the other five plaintiffs were treated in the emergency room and released. She suffered cervical fractures at C-6 and C-7 with a closed head injury causing traumatic brain injury, leaving her at increased risk of epilepsy.
Jeremy Droege, 32, was the driver. He suffered a knee bone contusion and soft tissue neck and back injuries. His mother, Betty, 75, also suffered injuries. The three children, ages 7, 5 and 3, had only emergency room care but experienced emotional distress and nightmares after the crash.
James Benson, 46, claimed that the crash was caused by his momentary attention lapse and that he was ticketed for improper lane usage and failure to reduce speed.
Liability was admitted by both Benson and his employer, J.B. Hunt Transport Inc. Benson did not attend the trial. The defense contested the nature and extent of all of the plaintiffs’ injuries. The court denied plaintiffs’ pretrial motion to add a punitive damage count regarding willful and wanton hiring and retention of the truck driver, Benson, who was allegedly unlawfully on Illinois roadways in violation of the Federal Motor Carrier Safety Act and Illinois Vehicle Code, 625 ILCS 5/6-512.
Plaintiffs’ counsel, J.H. Janssen and Alicia Washington, are appealing that decision by the trial judge. Plaintiffs’ counsel noted that the defendants offered $75,000 prior to the trial and later increased the offer to $500,000 during trial. The defendants’ counsel reported that plaintiffs’ last demand to settle the case was $8 million.
The jury’s verdict of $753,000 as to both of the defendants, the driver and the truck company, was made up of the following damages for each of the specified plaintiffs:
$550,000 to Stephanie Droege:
• $170,000 for medical expenses;
• $250,000 for pain and suffering;
• $120,000 for loss of normal life;
• $10,000 for disfigurement;
• $0 for increase of risk of future harm.
$128,000 to Jeremy Droege:
• $83,000 for medical expenses;
• $30,000 for pain and suffering;
• $15,000 for loss of normal life.
$42,000 to Betty Droege:
• $17,000 for medical expenses;
• $20,000 for pain and suffering;
• $5,000 for loss of normal life.
$11,000 to Jacob Droege, a minor:
• $1,000 for medical expenses;
• $10,000 for pain and suffering.
$11,000 to Jonathan Droege, a minor:
• $1,000 for medical expenses;
• $10,000 for pain and suffering.
$11,000 to Ethan Droege, a minor:
• $1,000 for medical expenses;
• $10,000 for pain and suffering.
Jeremy Droege, et al. v. J.B. Hunt Transport, Inc., James Benson, No. 11 L 320 (Peoria County, Illinois).
Kreisman Law Offices has been handling truck accident cases, automobile crash cases and head-on automobile and truck crash cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Glenview, Skokie, Morton Grove, Park Ridge, Des Plaines, Bensenville, Berkeley, Bedford Park, Melrose Park, Maywood, Brookfield, Hickory Hills, Alsip, Countryside, Hinsdale, Clarendon Hills, Chicago (Lake View, Little Italy, Lithuanian Plaza, McKinley Park, Loyola Park, Beverly, Bucktown, Canaryville), Joliet, Lincolnwood, Lincolnshire and River Forest, Ill.
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