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190 South LaSalle Street, Suite 1730 Chicago, Illinois 60603 (312) 529-5500 |
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These cases are just a few of the most recent results achieved by the firm. |
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Noteworthy Recent Settlements and Verdicts |
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Noteworthy Recent Settlements and Verdicts
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· $6,500,000.00 Verdict Affirmed by Illinois First District Appellate Court (May 2009) Wrongful Death, Trucking Collision The First District Appellate Court of Illinois affirmed a $6,500,000.00 award by the Circuit Court of Cook County to the estate of Michael Williamson, deceased. The estate consisted of the plaintiff’s wife and two adult children. State Farm Insurance Company issued a policy of $1,000,000.00 that should have covered the collision, but refused to tender its policy limits. A declaratory judgment case is presently pending and a bad faith case against State Farm Insurance Company will be pursued. After the Circuit Court issued its award, the defense filed motions to vacate the award and argued on appeal that the court abused its discretion in issuing the award. The Appellate Court disagreed and affirmed the trial court’s award.
This case emanated from a collision that caused the death of the plaintiff, a husband and father of two, who was slowly burned alive when his semi was hit head on in McLean County, Illinois by another semi. The plaintiff was a 57-year-old truck driver whose income supported his wife. The plaintiff was hauling a tanker full of gasoline when the driver of the other semi crossed the highway median and collided with the plaintiff’s truck. The impact caused his vehicle to catch fire instantly, slowly burning the plaintiff to death while he remained inside his vehicle. The fire was so intense that all that remained of the plaintiff’s 18-wheeler was a mangled, charred pile of metal. The fire caused extensive charring of the plaintiff’s body. The impact completely amputated the plaintiff’s right leg and both arms. The plaintiff’s lungs protruded from his charred body. The impact fractured the plaintiff’s skull. Photographs from the scene showed how the plaintiff was struggling to escape from the burning vehicle. An eyewitness confirmed that the plaintiff was alive and conscious for at least six minutes while he was slowly being burned alive. This witness had tried to rescue the plaintiff and witnessed the plaintiff being burned alive. This judgment was featured in the August 4, 2006, edition of the Chicago Daily Law Bulletin.
· Cook County Settlement: $850,000 (June 2006) Wrongful Death, Nursing Home Neglects Patient Causing His Death From Sepsis Then Manufactures Records The plaintiff, a 71-year-old father and husband, was admitted to a nursing home for rehabilitative care for a urinary tract infection. His family could no longer take care of him as he was abusive and partially paralyzed. He had previously suffered a stroke that had left him paralyzed on his left side, had a catheter for ongoing urinary tract infections, and was in the early stages of dementia. He was admitted to the defendant nursing home where he was a full-time resident. The plaintiff’s care was neglected. He died of sepsis. The defense argued that the plaintiff’s life was not worth anything because of his preexisting conditions and his mental state. Our law firm uncovered that the defendant nursing home staff manufactured the plaintiff’s records, making it appear as if the defendant nursing home staff was examining him daily and providing tremendous care, when in fact the opposite was true. The defendant’s records were proven to be false.
· Cook County Settlement: $500,000 (May 2006) Medical Malpractice Causes Stillborn The plaintiff, who weighed more than 400 pounds in the final trimester of her pregnancy and who suffered from hypertension and preeclampsia, was 9-month’s pregnant when she appeared for her regularly scheduled examination and complained of decreased fetal movement. She was sent to the labor and delivery room to have fetal monitoring and for possible delivery. In the labor and delivery room, the defendants failed to perform an ultrasound, an amniotic fluid index, or a non-stress test. Instead, the defendants sent the mother home with instructions to urinate in a bucket and return to the hospital two days later. That same day, the fetus suffocated in utero as the cord became wrapped around his neck. The plaintiff’s mother was a Public Aid recipient and unmarried at the time. She had one previously born biological child and subsequently delivered another biological child. Despite this being a high-risk pregnancy with a severely obese plaintiff, the firm secured a large cash settlement.
· Cook County Settlement: $450,000 (May 2007) Personal Injury, Invitee Injured on Boat No Complaint was Filed by Plaintiff The plaintiff, a 36-year-old female sales executive, was invited onto the defendant’s boat for a trip to Michigan. About half way through the trip, the waters became choppy. The defendant decided to continue on to Michigan, instead of turning back to the Illinois shore. In the process, a large wave hit the boat and threw the plaintiff against the boat, causing a fractured ankle. The plaintiff required surgery. The plaintiff claimed the defendant negligently operated his boat by traveling at excessive speeds and by navigating directly into waves. The defendant argued that he was not negligent because the water turned choppy very unexpectedly. Further, the defendant filed a complaint to exonerate himself from liability or to limit his liability to the cost of the boat ($350,000). Despite the fact that the plaintiff never filed a lawsuit against the defendant, and that the defendant tried to limit his liability to the cost of the boat, Regina P. Etherton & Associates secured a large cash settlement within six months of being retained.
· Cook County Jury Verdict: $380,000 (July 2007) Verdict exceeds policy limits of $300,000 Personal Injury, Plaintiff Assaulted by High School Student The plaintiff, a seventeen-year-old senior at Lemont High School, was assaulted on January 2, 2003 by another student of Lemont High School. The plaintiff claimed the defendant hit the plaintiff over the head with a beer bottle as she entered a high school party. The plaintiff claimed that her prior jaw pain was aggravated because of the assault. The plaintiff sued the student for negligence as well as the student’s parents for negligent parental supervision. The defendant claimed that she pushed the plaintiff and yelled at her, but never hit or struck her with a beer bottle. The defendant parents claimed that preventative disciplinary action of a minor, is not required under the law. The defense also claimed that the plaintiff had three prior jaw injuries, had battled temperomandibular joint dysfunction for 5 years prior to the incident, the nature and extent of the plaintiff’s temperomandibular joint condition had not changed after the assault, and that the beer bottle could not have caused any additional injuries. The offer on the case by all defendants at the beginning and throughout the trial remained zero. The jury found the student and her mother liable and awarded a verdict that exceeded the $300,000 policy limits.
· Cook County Settlement: $325,000 (January 2009) Personal Injury, Pedestrian Struck by Motor Vehicle The plaintiff, a 59 year old male, who was formerly a professional skater, was crossing Huron Street where it intersected with Clark Street in downtown Chicago, when he fell and injured his shoulder. He got up and walked away and went to breakfast. Later that day, he went to the emergency room and was diagnosed with a fractured humerus. The plaintiff contended that he was hit by a cab operated by the defendant. The defendant contended that the plaintiff slipped and fell on ice and snow and that his cab never touched the plaintiff’s body. The police were never contacted. No police report was ever made. There was no witness to the occurrence and no property damage to the defendant’s vehicle.
· Cook County Settlement: Policy Limit $250,000 (April 2007) Total Settlement: $312,000 $251,000 for Plaintiff Daughter $61,000 for Plaintiff Father Personal Injury, Motor Vehicle Collision On June 14, 2004, the plaintiffs, a 34-year-old daughter and her 70-year-old father, were driving eastbound in a motor vehicle operated by the plaintiff daughter. The defendant driver, traveling westbound, lost control of his vehicle and crossed over the center lane, crashing into the plaintiffs’ motor vehicle head-on. As a result, the plaintiff daughter, suffered a knee injury that required surgery and the plaintiff father endured permanent damage to his left knee and left hand. The collision occurred on Touhy Avenue in Elk Grove Village, Illinois. The plaintiffs claimed the defendant negligently operated his vehicle. The defendant claimed that he was not negligent because the car in front of him suddenly stopped, and he swerved to avoid hitting that car. Within a year of retaining Regina P. Etherton & Associates, the firm secured a large cash settlement for the plaintiff daughter. The plaintiffs recovered against both the defendant driver who crossed over the center lane and the defendant driver who stopped short in front of him.
· Cook County Arbitration Award: $250,000 for Husband (policy limits); $200,000 for Wife (June 2006) Motor Vehicle Collision, Underinsured Motorist Claim, Herniated Disk While the plaintiffs were on vacation in Tennessee in the latter part of 2004, an underinsured motorist rear-ended the plaintiff’s truck. The plaintiff, husband, was a carpenter with a young daughter and a wife who was two-months pregnant with twins. The plaintiff husband suffered a herniated disk. His wife had a questionable annular tear, which went undiagnosed for nine months after the collision. At the outset of the case, the adverse driver’s insurance company settled the case against the adverse driver for the adverse driver’s policy limits of $25,000. Our law firm pursued an underinsured motorist claim against the plaintiffs’ insurer. In less than one-and-a-half years of involvement in the case, the arbitrators unanimously awarded the policy limits of underinsured motorist coverage available to the husband and awarded to the wife what represented only a minimal reduction off the policy limits. The award represented more than six times the defendant’s last offer.
· Cook County Settlement: $200,000 (November 2007) Personal Injury, Patron Injured by Bouncer Outside Bar. The twenty-eight year old African American plaintiff was visiting a bar with his Assyrian girlfriend. According to the plaintiff and his girlfriend, one of the bouncers made racial and inappropriate comments toward the plaintiff’s girlfriend while they were entering the bar. Then, inside the bar, the bouncer continued to make the couple feel uncomfortable by his behavior and comments. The plaintiff and his girlfriend decided to leave the bar and were followed outside by the bouncer and several employees. According to the bouncer, the plaintiff was intoxicated, yelled obscenities, blocked the entrance to the door, demonstrated aggressive behavior toward his girlfriend, and appeared to be going to strike his girlfriend. In response, the bouncer placed the plaintiff in a choke hold, slammed him to the ground, and held him there until the police arrested the plaintiff. In the process, the plaintiff fractured his ankle. The police charged the plaintiff with the criminal charge of disorderly conduct and had him incarcerated. The charges were dismissed for failure to prosecute.
· Cook County Settlement: $152,500 (June 2009) Personal Injury, Crossing Guard Struck by Motor Vehicle The plaintiff, a 79 year old crossing guard, was helping children cross the street when she was hit by a motor vehicle that failed to obey the traffic signal. The collision occurred at the intersection of Luella Avenue and Sibley Boulevard in Calumet City. As a result, the plaintiff suffered from a fractured ankle and a torn rotator cuff, and has been ordered to return to work. The adverse driver had a very small policy of insurance and an underinsured motorist claim had to be pursued. Regina P. Etherton & Associates settled the case within a year of filing the complaint.
· Cook County Settlement: Policy Limits $100,000 (November 2009) Personal Injury, Motorcyclist Struck by Motor Vehicle The plaintiff, a 53 year old male, was operating his motorcycle without wearing a helmet, southbound on Clark Street near its intersection with Division Street on August 30, 2009. Defendant’s car was parked at the curb, facing southbound on Clark Street. Defendant pulled out from the curb, made a U-turn, and collided head on with plaintiff’s motorcycle. Plaintiff suffered a fractured ankle that required surgical repair. Regina P. Etherton & Associates secured a policy limit settlement within two months of filing the lawsuit.
· Cook County Settlement: Policy Limits $100,000 (September 2008) Wrongful Death, Motorcycle Accident The plaintiff, a young Latino male, was killed when he was hit by a drunk driver. The plaintiff was driving his motorcycle at the intersection of Grand and Chicago Avenue in Chicago when the defendant driver sped up to make the light and crashed into him. The plaintiff suffered a head injury and fractured every bone in his face before dying at the scene. Regina P. Etherton & Associates settled the case within one month of filing the complaint for the policy limits.
· Cook County Settlement: Policy Limits $100,000 (October 2007) Personal Injury, Passenger in a Motor Vehicle Accident, Policy Limits Settlement Within Five Days of Filing the Lawsuit. The plaintiff, a 27-year-old female, was a passenger in a motor vehicle driven by her boyfriend. While driving, the defendant dropped his cell phone and leaned over to pick it up. In his attempt to retrieve his phone, the defendant slammed the car into a concrete barrier and ran into a viaduct. As a result, the plaintiff was thrown against the dashboard and windshield and knocked unconscious. The plaintiff suffered from a head laceration and finger injury. The defense argued that her injuries were soft tissue, that the scar on her head was not visible, and that she did not require any ongoing care. Regina P. Etherton & Associates secured a settlement for the policy limit within five days of filing the lawsuit.
· Cook County Settlement: Policy Limits $100,000 (September 2007) Personal Injury, Pedestrian Struck by Motor Vehicle, Policy Limits Settlement in Less than 5 Months. In 2007, the plaintiff, a 47-year-old mother of three, was struck by a motor vehicle while crossing the street at a crosswalk at the intersection of Monroe and Clinton in Chicago. Consequently, the plaintiff suffered a concussion and multiple fractured facial bones from the incident. The defendant argued that the plaintiff’s injury was her own fault, because the motor vehicle had the right of way. Regina P. Etherton & Associates settled the case for the policy limits in less than 5 months.
· Cook County Settlement: Policy Limit $100,000 (August 2007) Personal Injury, Driver in a Motor Vehicle Collision The plaintiff was driving her motor vehicle when the defendant rear-ended the motor vehicle traveling behind the plaintiff, causing his motor vehicle to collide with the plaintiff’s motor vehicle. The plaintiff suffered from right carpal tunnel syndrome that required surgery. The defense claimed that the plaintiff’s injury was a repetitive use injury caused by her employment and not by the collision. The defense also claimed that the collision was not significant enough to cause the direct trauma and type of damage experienced by the plaintiff. Regina P. Etherton & Associates secured a settlement for the policy limit.
· Cook County Settlement: Policy Limits $100,000 (June 2006) Motor Vehicle Collision, Personal Injury, Policy Limits Settlement in Only 6 Months The plaintiff, a 38-year-old male, was the passenger in a motor vehicle driven by his brother. The plaintiff was stopped at a red light, when the defendant rear-ended the vehicle the plaintiff was traveling in. The collision pushed the plaintiff’s vehicle into oncoming traffic, setting off a chain-reaction collision, and causing serious injuries to the plaintiff. After filing the complaint, our law firm settled the case for the defendant’s insurance policy limits in just 6 months, which is an extraordinarily fast result. Thereafter, our law firm pursued an underinsured motorist claim and settled the case for the policy limits. The collision occurred in Des Plaines at the intersection of Golf Road and Mount Prospect Road.
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