Power Rogers, LLP attorneys Larry R. Rogers Jr., James I. Power, and Dominique H. Rogers have secured a $229 million pre-trial settlement for a young man who suffered catastrophic spinal cord injuries in a construction zone collision — believed to be the largest pre-trial settlement for a single plaintiff in Illinois history and the largest of its kind in the United States.

The result was achieved in the face of a formidable liability defense. On December 18, 2022, the plaintiff, then a teenager, was a rear-seat passenger in a vehicle traveling approximately 71 mph in a posted 30 mph construction zone on Cermak Road near Kilbourn Avenue in Chicago. The vehicle entered an open lane, struck a gravel mound blocking westbound traffic, and was launched into the underside of a viaduct, crushing the roof above the plaintiff and leaving him an incomplete quadriplegic. From the outset, the defendants seized on the driver’s extreme speed, contending it was the sole proximate cause of the crash and that they bore no responsibility at all.

Through extensive discovery, the Power Rogers team built the case that the construction zone itself was a trap. The gravel mound had been placed in the roadway two days earlier as part of an AT&T utility lowering project involving Illinois Bell Telephone Company, LLC d/b/a AT&T Illinois and contractors JOSCO Construction Services, Inc., Archon Construction Co., Inc., and TSI. Hours before the crash, another vehicle knocked down the warning signs and arrow board, leaving the lanes exposed. The plaintiff established that the defendants abandoned the IDOT-approved Maintenance of Traffic plan, made unauthorized modifications that stripped away critical traffic control devices, improperly used a gravel mound as a roadway barrier, violated Chicago Department of Transportation work-hour requirements — and that the utility and its contractors held a non-delegable duty to keep the zone safe for the traveling public.

Damages were equally hard-fought. The defense life care plans assumed only 16 hours of daily attendant care and relied on the plaintiff’s 73-year-old grandmother to provide overnight medical care indefinitely — assumptions the plaintiff’s team dismantled given her age, health, and the absence of other caregivers.

“This was a hard-fought case from day one, on behalf of a teenager facing some of the most devastating injuries a person can endure,” said Larry R. Rogers Jr. “The defense had a story they believed would win this case outright — that the driver’s speed was the only cause and no one else bore any responsibility. Through years of relentless work, we proved that wasn’t true, and we proved what our client’s life will actually require.”

James I. Power added, “On paper, this is the kind of case that ends in a defense verdict. It became one of the most favorable settlements for an individual claimant in the history of this country because of the work, effort, and skill our team poured into every stage of this litigation. For a young man whose entire future was taken from him in an instant, nothing less would have been enough.”

The settlement resolves the case before trial against Archon Construction Co., Inc.; JOSCO Construction Services, Inc.; TSI; Illinois Bell Telephone Company, LLC d/b/a AT&T Illinois; the driver, Kyle Johnson; and Hertz, and secures the resources the plaintiff will need for a lifetime of medical care.

Joseph A. Power, Jr., as lead counsel, with the assistance of Larry Rogers, Jr., represented a Chicago family that lost six children in a fiery Wisconsin car crash in 1994 caused by an unqualified truck driver. Investigations prompted by the tragedy and lawsuit revealed widespread corruption, whereby the Secretary of State’s staff exchanged licenses for bribes that went to the campaign of George Ryan. These federal investigations triggered Operation Safe Road, which required retesting for over 2,000 drivers using tainted licenses and netted 76 convictions, including that of former Governor of Illinois George Ryan. Joseph Power and Larry Rogers, Jr. obtained a record $100 million settlement for personal injury and wrongful death for a single-family.

R. M. v. Metal-Matic Inc.

Power Rogers attorneys Joseph A. Power, Jr., as lead counsel, and James Power recently secured a $95,477,464 jury verdict for our client who suffered massive leg injuries that required a double above-the-knee amputation in 2014. Our client, a truck driver, was transporting carbon steel tubing. The crane operator at the delivery location attempted to unload the cargo, but because the tubing was improperly stacked and configured for unloading, one bundle of the tubing rolled out and crushed his legs, lacerating his right popliteal artery and fracturing his fibula and tibia. His right knee was amputated above the knee, and after his left leg developed a fungal infection, the doctors had to amputate that one above the knee as well. The jury awarded the Plaintiff $83,477,464 and his wife $12 million for a total of $95,477,464. This award was reduced 10% for the plaintiff’s liability, making the total recoverable amount $86,429,717.60.

Brian LaCien and Jonathan Thomas teamed up with Kreindler & Kreindler LLP of New York, NY to provide representation to a number of individuals who were involved in a commercial airplane crash. The litigation team recovered over $93 Million on behalf of their clients. Notable settlements included a $16,900,000 settlement on behalf of a 36-year-old female who suffered multiple fractures and ultimately required the amputation of her left leg; an $8,000,000 settlement on behalf of a 32-year-old female who suffered numerous cervical and lumbar vertebrae fractures requiring a posterior surgical fusion of C1-C2; a $7,500,000 settlement on behalf of a 54-year-old male who died as a result of the crash; a $5,800,000settlement for a 52-year-old female who suffered multiple vertebrae fractures causing nerve damage and requiring multiple past and future spinal surgeries, pain management, and rehabilitative therapy; and a $3,750,000 settlement for a 49-year-old woman who fractured her Th11 and Th12 vertebrae and required a surgical spinal fusion of the TH11 to L1 vertebrae.

Joseph A. Power, Jr., Larry R. Rogers, Jr. and James I. Power of Power Rogers, LLP, and Louis Berns of Favil David Berns & Associates reached an agreement to settle their client, C.E.G.’s, claims against 7-Eleven, Inc. for $91 million. The parties were scheduled to begin picking a jury on Monday, February 6, 2023 before the Honorable Judge Mary Minella. This is the largest pretrial recovery for a person injured in the history of the State of Illinois.

Bilateral above-the-knee amputations suffered by a man pinned against a 7-Eleven storefront by a vehicle. Highest premises liability settlement and highest amputee settlement in Jury Verdict Reporter history.

Bilateral above-the-knee amputations sustained by a truck driver when improperly loaded steel tubing fell on him during unloading at a Rockford facility. Fourth-largest plaintiff verdict in Illinois history at the time.

Larry R. Rogers Jr., Jonathan M. Thomas, and Dominique H. Rogers reached an agreement to settle on behalf of their client, a 23-year-old female, that was severely injured and suffered a traumatic brain injury and multiple orthopedic injuries as a result of a tractor-trailer vs. motor vehicle collision. Plaintiff pursued a cause of action against the tracking company, the cargo container owner, as well as the freight forwarder/broker. Plaintiff alleged that the trucking company was an agent of the freight forwarder/broker and that the freight forwarder/broker was negligent in the selection and retention of the trucking company Defendant. The case settled on the eve of trial for $61,550,000.00.

Medical Malpractice/Brain Injury: This case involved the failure to properly give oxygen or intubate and give oxygen to a 54-year-old-lady undergoing a bronchoscopic procedure and biopsy for possible tuberculosis which resulted in brain damage. This is the largest medical malpractice verdict in the history of the State of Illinois. Additionally, the loss of consortium of $15,000,000.00 to the husband is also the largest such award in the history of Illinois for that type of damage.

JURY VERDICT: $55,439,269.59

Offer prior to trial: $ 10,500,000.00

Offer prior to verdict: $ 13,500,000.00

Severe burns and loss of both legs and an arm suffered in an accident involving utility lines while trimming a tree. Paid by multiple confidential defendants.

S. v. Undisclosed Defendants

This medical malpractice case was the largest reported settlement in Cook County in 2016. The plaintiff was a 4-year-old child who suffered serious injuries after his physicians failed to diagnose and treat a bacterial infection. Mr. Bruce is continuing to pursue the case against the remaining defendants in this case. Not only is this the largest medical malpractice settlement for any case in 2016 in Cook County but one of the largest medical malpractice actions ever obtained.

M v. A Local Community Hospital

12-year-old girl presented to a Local Community Hospital on October 18, 2016. The employed hospitalists involved in her care and treatment failed to diagnose neck abscesses by CT scanning, failed to recognize her clinical deterioration and organ dysfunction due to infection and failed to timely transfer her to a children’s hospital. The employed interventional radiologist and otolaryngologist failed to perform a sedation assessment, failed to recognize a class IV airway, failed to recognize developing sepsis, failed to protect her airway before giving inappropriate sedation and failed to timely transfer her to a children’s hospital. These providers failed to recognize deep neck abscesses when treating mononucleosis and streptococcal infection leading to continued clinical deterioration. As a result, the minor suffered catastrophic irreversible neurologic injury due to a cardiorespiratory arrest. This is the largest settlement for a brain injured-minor in the history of the State of Illinois. Co-counsel with Joseph A. Power, Jr.