D.E. v. Service Partners, LLC, et al

Wrongful death and trucking negligence verdict. On April 23, 2008, Plaintiff’s decedent was operating a motorcycle eastbound on Rte. 38 with his wife, Plaintiff, D. E., as a passenger on their way to work at Northern Illinois University at approximately 7:45 a.m. when Defendant, Gerald W. Hemker, who was operating a semi-tractor trailer, as an employee and/or agent of Defendant, Service Partners, LLC, westbound on Rte. 38 attempted to turn left off of westbound Rte. 38 onto the southbound ramp for I-39 in front of the motorcycle. The motorcycle struck near the middle of the semi-tractor trailer on the passenger side of the truck. The decedent sustained multiple blunt trauma to his head, chest, and pelvis which led to his death that day. The Plaintiff sustained multiple open pelvic fractures with disruption of the pelvic circle, closed fracture of eight or more ribs, acute pulmonary collapse, closed fracture of sacrum or coccyx, contusion of genital organ, pneumothorax and contusion of lung. She has had a number of surgeries. She also has drop foot and is required to use support devices.

The jury returned a verdict of $5,000,000.00 to the Plaintiff for her disfigurement, loss of normal life, pain and suffering, emotional distress, services received, and present cash value of future services. The jury returned a verdict of $1,000,000.00 reduced by 50% contributory negligence for the wrongful death of the decedent.

Co-counsel with Joseph A. Power, Jr., and Todd A. Smith.

H. v. AIRBORNE EXPRESS, CO.

H., a 13 year old minor, sustained a traumatic brain injury (TBI) on June 20, 2000 when he was struck by an Airborne Express / DHL delivery van at the intersection of Devon and Oakley Streets in Chicago, Illinois. At the time he was struck, H. was traveling eastbound on the northern sidewalk of Devon Street and was struck by the northbound Airborne Express delivery van as it proceeded northbound on Oakley from a Stop sign. Plaintiff maintained that H. had the right of way and that the defendant was operating his vehicle too fast for conditions and was negligent for failing to yield to a pedestrian in the crosswalk. Defendants maintained that H. emerged from behind an illegally parked vehicle and entered the crosswalk too fast for the driver to stop his vehicle. The defense further maintained that H. was not injured to the extent claimed by Plaintiffs. H. is now an adult and lives independently in a supervised living environment.

Motor vehicle negligence settlement. On July 6, 2006 the defendant’s van driver had a blood alcohol above the legal limit, when he crossed the grassy center median of I-55 in Plainfield Township, and struck the Plaintiff’s decedent’s northbound car head on, causing multiple blunt force trauma resulting in death. She was survived by her husband and 2 adult children.

Co-counsel with Joseph A. Power Jr.

D. v. CTA.

(2011) Motor vehicle Collision: Plaintiff’s decedent was killed when a CTA bus failed to yield and made a left turn into a bus turnabout in front of the decedent as he operated his motorcycle northbound, allegedly at a high rate of speed. Lead Counsel, Larry R. Rogers, Jr.

On Tuesday, June 21, 2022 GMC Acadia sport utility vehicle, driven by defendant, was northbound on Illinois State Highway 394 (IL-394) approaching the Interstate I-94 interchange merge. At the same time, a silver 2016 Nissan Versa was disabled and parked in the interchange gore (painted median) between IL-394 and I-94 with its emergency hazard lights flashing. Its driver, the decedent, was sitting in the driver’s seat, waiting for a tow truck to remove the Nissan from the road. The GMC crossed out of the through traffic lane to the right into the gore. There it rear-ended the Nissan. After impact, both vehicles traveled northwest and stopped, blocking the northbound I-94 lanes of traffic. Co-counsel with Jonathan M. Thomas.

D.O. & N.O. v. Commercial Motor Vehicle Driver

D.O. was on his way to work as a Chicago Police Officer when he was sideswiped by a Commercial Motor Vehicle as he attempted to exit 90/94.  The force of the collision aggravated pre-existing conditions in D.O. spine and left him unable to return to work as a Chicago Police Officer. After Defendants initially refused to engage in settlement discussions, James prosecuted the case and ultimately was able to secure a $3,500,000 recovery on behalf of the first responder.

On April 20, 2018, at around 10:00 p.m., Plaintiff, age 33, was driving a Frito-Lay vehicle westbound on Mound Road. The collision took place at the intersection of Mound Road and US Route 48 which was controlled by a traffic light. Plaintiff obeyed the signal and stopped for the red light at the aforesaid intersection. Immediately prior to the collision, CR was traveling approximately 80 mph in a northbound direction on US Route 48. Plaintiff alleged that the defendant vehicle was travelling at a high-speed, he ran the red light and collided into the delivery truck driven by Plaintiff. The findings from unidentified local governmental entity’s investigation following the collision demonstrate that CR did not have his sirens on and violated numerous internal orders and policies of the unidentified local governmental entity. Plaintiff suffered a mild traumatic Brain Injury; Concussion due to ejection, Left orbital fracture, Left frontal bone and frontal sinus fractures, fractures of C7, T1, T3, T4, and T5, fracture of his right wrist requiring surgery, labral tear.

On January 16, 2017, plaintiff, age 65, was crossing the street in the crosswalk at Deer Path Road and Bank Lane in Lake Forest. Allegedly, as deft turned left at the intersection he struck her with his vehicle. Plaintiff suffered a fractured coccyx and sacrum a closed head injury and other multiple significant injuries. (2018)

J.K and N.K., Individually and as Special Co-Administrators of the Estate of J.K., deceased v. Harmon Grain, et al, 07 L 00009 (Ogle County)

Trucking negligence settlement. On September 22, 2005, the J.K. was a 24 year old male who was driving westbound on Route 64 near Chana Road in Ogle County, Illinois when the Defendant driver who was operating a tractor trailer for Defendant Harmon Grain failed to stop at the stop sign on southbound Chana Road and struck the motor vehicle being operated by J.K. who died as a result of the injuries sustained in the motor vehicle accident. The Defendant driver was driving under the influence of drugs and was cited for numerous violations on his tractor trailer. At the time of his death, J.K. left surviving him his parents and his sister.

Co-counsel with Joseph A. Power, Jr.

KMH, Administrator of the Estate of AMH, Deceased, v. Waste Management, Inc., Joseph S. Hathcoat, DeKalb Iron & Metal Company, d/b/a Dimco, Aeroquip Vickers, Inc. and Ival E. Miles

(2003) Automobile: 23 year old male was killed when his motorcycle encountered power steering fluid which had leaked from a truck that had been negligently maintained. The sole heir in this wrongful death action was the decedent’s daughter who was not born until six months after her Dad’s passing.

Result: $2,000,000.00