Jonathan Cunningham, a foreman for Troy Construction, was operating a pickup truck on his way to a job site. He drove through a red light and into an intersection at 36 mph striking the pickup truck driven by Jose Lara Sanchez. The crash caused Sanchez’s truck to strike a light pole, ejecting him from his vehicle.
As a result, in addition to fractures, Sanchez suffered a subarachnoid hemorrhage that necessitated an emergency craniotomy. Sanchez also required an endovascular repair of a traumatic transection of his descending thoracic aorta.
After a three-week hospitalization, he was transferred to a skilled nursing facility for five months of aggressive rehabilitation. As a painter, Sanchez was unable to return to his job at which he earned approximately $28,000 per year. His medical expenses totaled $1.3 million.
Sanchez’s estate, guardian and children sued Troy Construction alleging negligent entrustment, hiring and training. The lawsuit also named Jonathan Cunningham for his failure to yield the right of way at the intersection.
The defendants argued that Sanchez’s injuries resulted from his choosing not to use his seatbelt. The defendants also disputed the plaintiff’s assertion that Sanchez required lifetime medical care, arguing that a surveillance video showed him walking unassisted and unsupervised, engaging in family outings, and performing automotive maintenance. In Illinois, most motions in limine on seatbelt use would have precluded that issue from coming out at trial and being argued as a defense to the jury.
Before trial, the parties settled for $26 million, which was paid by Troy Construction’s insurance company.
The attorney successfully representing Jose Sanchez in this tragic case was Brent Goudarzi.
Rodriguez v. Troy Construction, No. 38,742 (Tex. Dist. Ct. Titus County).
Kreisman Law Offices has been handling construction injury lawsuits, intersection crash cases, truck accident lawsuits, brain damage injury cases, wrongful death cases and car accident lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Lockport, Mt. Prospect, Countryside, Chicago Heights, South Holland, Wheeling, Willow Springs, Wilmette, Salk Village, River Grove, Riverside, Palos Park, Park Forest, Barrington, Arlington Heights, Naperville, Hinsdale, Hillside, Hanover Park, Olympia Fields, Chicago (Sauganash, Hegewisch, Gold Coast, Garfield Ridge, Lithuanian Plaza, Avondale, Belmont Cragin, Belmont Gardens, Beverly, Bridgeport, Bronzeville, Bucktown, Canaryville, Chinatown, Edison Park, North Lawndale, Humboldt Park, Jackson Park Highlands), Glenview, Round Lake Beach, St. Charles, Waukegan, Zion and Winthrop Harbor, Ill.
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