Semi-Tractor Strikes Clients’ Sedan
On the morning of October 3, 2016, while traveling southbound on Wentworth Avenue through its intersection with River Oaks Drive, the Defendants’ semi-tractor struck the passenger side of the Plaintiffs’ sedan vehicle.
As a result of this incident, the female Plaintiff, a 69-year-old retired food service worker on Social Security, suffered a cervical fracture, broken ribs, and left knee trauma. To treat her injuries, she required a spinal fusion surgery and subsequent drainage of a postoperative wound.
The male Plaintiff, a 62-year-old former roofer who was also on disability at the time, sustained neck injuries with nerve damage radiating into the right arm, which also necessitated surgical intervention.
GWC Overcomes Defense Objections
The Defendants, which included the semi driver and multiple business entities, argued that the clients’ injuries and treatment were not related to the incident in light of their prior medical histories and premorbid disability status. The female Plaintiff had undergone a right hip replacement following a previous collision, while her brother was already on disability and recovering from a spinal surgery he underwent just six weeks earlier. Both clients also suffered from multiple preexisting, chronic health problems.
Defense medical experts claimed that the vast majority of the injuries and treatment did not stem from the accident and that neither of them had any related permanency issues. The defense’s witnesses further asserted that regardless of the subject collision, both Plaintiffs would have required the same treatment due to premorbid medical conditions.
Mr. Streckert and Mr. Sorce also faced defense liability objections about which Defendant could be held liable under Respondeat Superior liability since each entity denied that the driver was “their” employee.
“There were six business entities named as defendants,” said Mr. Streckert. “Every single one of them disputed that the driver was their employee. In the end, we created sufficient evidence to cause each of them to be very concerned about a potential Plaintiffs’ verdict.”
To resolve this matter, Mr. Streckert and Mr. Sorce prosecuted a somewhat novel claim of in-concert liability against the business entities as well. They argued that all of these parties engaged jointly in negligent conduct by placing an unqualified driver behind the wheel. By properly identifying and pursuing all of the entities at fault, GWC prevented the Defendants from shifting blame to an unnamed party and jeopardizing the clients’ cases.
Mr. Streckert and Mr. Sorce were ultimately able to overcome the Defendants’ objections about liability and the relatedness of the clients’ injuries. GWC settled the matter in a mediation with the assistance of the Hon. Judge Joseph Casciato at ADR three months prior to trial for $6.2 million – $4.1 million for the sister and $2.1 million for her brother.
Chicago Truck Accident Lawyers Who Can Help Your Case
With over $2 billion recovered for our injured clients, GWC Injury Lawyers is one of the premier Personal Injury and Workers’ Compensation law firms in Illinois. GWC takes pride in fighting for its clients and their families in all types of personal injury cases, including those involving car and truck accidents, workplace incidents, construction negligence, medical malpractice, nursing home abuse, and wrongful death.<< BACK TO BLOG POSTS