Articles Posted in Car Crash

The Illinois Appellate Court for the First District reversed and remanded a court decision from the Cook County Circuit Court. In this case, a car driven by Jamie Lichter was rear-ended by the vehicle driven by Donald Christopher on Feb. 27, 2016. On Jan. 19, 2018, Lichter filed a personal injury lawsuit against Christopher. However, Christopher had died in June 2017 and Lichter was not aware of his death. No Letters of Office were ever issued to or on his behalf, so in April 2018, Lichter moved to have the trial court appoint a special representative to defend her action on behalf of Christopher.

Kimberly Porter Carroll was appointed, who is an attorney for State Farm, Christopher’s insurer.  Carroll entered an appearance as special representative on behalf of the deceased defendant.

In early March 2020, Porter Carroll moved to dismiss with prejudice, arguing that under Illinois Code of Civil Procedure section 13-209, Lichter was required to sue the personal representative of the estate, not the special representative. Now that it was past the two-year statute of limitations in which Lichter could file the lawsuit, it was argued that the case should be dismissed with prejudice.

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Joseph Cargal, 68, was operating a tractor-trailer early one rainy morning on a four-lane roadway.  David Forehand, a FedEx truck driver, was traveling in the opposite direction when he swerved to avoid a branch in the roadway. His truck collided head-on with Cargal’s truck.

Cargal suffered blunt force trauma and severe burns and died at the scene. He was survived by his wife and two adult sons.

The Cargal family sued FedEx Freight Inc. and Forehand, alleging that Forehand was speeding and chose not to maintain his lane or swerve right to avoid oncoming traffic.

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Ms. Doe, 51, was turning left on a green light turn signal when the driver of a commercial van that was travelling at approximately 55 mph ran a red light.  The commercial van broadsided Ms. Doe’s vehicle. Doe suffered multiple injuries, including a head injury, rib fractures, and pneumothorax — a collapsed lung.

Ms. Doe had been self-employed, active, and in good general health before this crash, but now suffers from left foot drop, sleep issues and chronic pain.  Ms. Doe’s medical expenses totaled $203,000.

She claimed that the van driver was distracted, using his cell phone at the time of the crash.

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Jaime Monroy Jr. and Jonathan Campos were traveling in a car through an intersection when the vehicle driven by Stacey Suchio Poon allegedly turned left in front of Monroy and Campos. Monroy, the driver, could not stop in time and the vehicles collided.

Monroy suffered cervical and lumbar sprains and a torn left meniscus. He may require spinal surgery at L4-5. His medical expenses were more than $18,700.

Campos lost consciousness as a result of the crash and was later diagnosed with lumbar radiculopathy and a torn meniscus, which required injection and arthroscopic surgery. Campos’s medical expenses were approximately $152,800.

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Michelle Anderson, 36, was driving in the southbound lane of the highway when Calvin Adams, traveling in the opposite direction, attempted to pass a line of traffic in a no-passing zone.

Adams crossed the centerline and struck Anderson’s car head-on.

Both drivers were killed in the crash. Anderson was survived by her husband and three minor children.

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Corzon Espano, an accountant in her 60s, was standing at the corner of an intersection waiting for a traffic light to change before she was about to cross the street. When the light signal showed “walk,” she entered the crosswalk and was abruptly hit by a turning garbage truck driven by Raymond Morell, who worked for the City of Torrance, Calif.

Espano unfortunately suffered a traumatic brain injury and multiple orthopedic injuries including a crushed knee. She underwent several surgeries and procedures, including open reduction internal fixation of the right tibia, skin grafting, and debridement of her lower right leg.

It is possible that she may later require a leg amputation due to her high risk of infection. The Medicaid lien through the state of California totaled $100,000.

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The defendant, Toad L. Dragonfly Express Inc., appealed an award of contribution entered against it and in favor of the defendant C.H. Robinson Worldwide Inc. and other corporate entities collectively, CHR.

After the jury trial, judgments totaling $23,225,000 were entered, jointly and severally against Dragonfly and its owner, Luann G. Whitener-Black who is now deceased, DeAn Henry, and CHR in three consolidated tort actions stemming from the fatal automobile crash. Henry was the driver of the semi-tractor involved in the incident. Dragonfly is a federally licensed motor carrier that had leased Henry’s semi-tractor at the time of the accident and CHR was the broker of the load Henry was carrying at the time.

After CHR fully satisfied the tort judgments (including postjudgment interest), CHR sought contribution from Dragonfly under the Illinois Joint Tortfeasor Contribution Act (Act) (740 ILCS 100/0.01 et seq. (West 2014)). The trial court granted CHR’s contribution claim against Dragonfly for 50% of the jury’s total award in the underlying tort actions, including post-judgment interest. Dragonfly then appealed the trial court’s order granting contribution to CHR. Dragonfly argued that CHR is not entitled to contribution from Dragonfly because the Act creates a right of contribution based upon comparative fault, and neither CHR nor Dragonfly were at fault in this case.

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The plaintiffs, Brittany N. Hage and Joann M. Blackmore, appealed the dismissal of their Count VI of Hage’s Fourth Amended Complaint, which added Blackmore as a party plaintiff in the Hage cause of action. The suit was filed against the defendant, Trisha L. Pannkuk.

Because the allegations in Count VI did not arrive out of the same transaction or occurrence as Hage’s original complaint, Count VI was barred by the applicable statute of limitations.  Accordingly, the Illinois Appellate Court for the Second District affirmed the dismissal of Count VI.

This incident arose out of the Feb. 1, 2011 13-vehicle crash that occurred on Route 72 in Ogle County, Ill.  The weather conditions included snow on the roadway and blowing snow, which greatly reduced visibility. There were several other lawsuits that arose out of this incident.

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Matthew Martin, 19, was riding in the back seat of a Mini Cooper driven by his friend, Raymond Consul.  As they drove a winding road, Consul chose not to properly negotiate a curve.  He lost control of his car, which traveled off the roadway and hit a concrete barrier.

Martin suffered a severe traumatic brain injury and fell into a vegetative state. In addition, he suffered a spinal cord injury that caused paralysis. Martin had worked as an automotive detailer before this unfortunate crash.  Through a guardian, Martin sued Consul alleging that he was negligent in driving 60 mph in a 30-mph zone and in failing to maintain control of his vehicle.  The plaintiff guardian claimed lost wages for Martin totaling more than $138,200 and past medical expenses of $530,400.

The defendant argued that Martin’s injuries resulted from his choosing not to wear a seatbelt.

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Plaintiff Mary Carmichael was injured in a car accident while she was riding in a six-passenger van owned and operated by Professional Transportation Inc. (PTI). The vehicle was being driven by Dwayne Bell. The van was used to shuttle Union Pacific employees between job sites.

Carmichael sued PTI, Dwayne Bell and others, but eventually dismissed PTI because evidence indicated that Bell’s sole negligence was the cause of her injury.

Bell had minimum liability insurance coverage required by the Illinois Vehicle Code of just $20,000 per person, $40,000 per occurrence.

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