Trial Magazine
Verdicts & Settlements: Motor Vehicle Liability
Improper Lookout Leads to Rear-end Collision
May 2018James Denton, 53, was driving his Jeep southbound on an interstate highway when traffic began to slow unexpectedly in response to an elderly driver who was traveling on the shoulder in the wrong direction. David Johnson, who was driving a semi-tractor-trailer, failed to slow down and rear-ended Denton’s vehicle.
As a result, Denton suffered back, neck, and knee injuries, necessitating nine surgeries, including a total left knee replacement and diskectomy and fusions at C4-5 and L5-S1. He now suffers from chronic pain and urinary incontinence, among other problems, and is unable to return to work as an executive in the flooring industry earning more than $236,400 annually. His past medical expenses were approximately $678,900.
Denton and his wife sued Johnson and his employers, alleging that Johnson failed to keep a proper lookout and avoid the collision. Suit also claimed that the employers were liable for negligently hiring and retaining Johnson, who had a poor driving history, including other collisions and driving suspensions, as well as a felony conviction stemming from a road-rage incident.
The plaintiffs also sued the elderly driver’s estate; another truck driver, who encountered him on the roadway; the broker who contracted with one of Johnson’s employers to transport the load; and a manufacturer that contracted with the broker. These defendants settled with the plaintiffs before trial for a total of $285,000, including $100,000 from the estate.
The jury awarded more than $54.16 million, including $35 million in punitive damages.
Citation: Denton v Univ. Am-Can, Ltd., No. 15 L 1727 (Ill. Cir. Ct. Cook Cnty. Oct. 16, 2017).
Plaintiff counsel: AAJ member Robert J. Napleton, Chicago, Ill.; and AAJ members James M. Roche and Christopher T. Theisen, both of Wheaton, Ill.
Plaintiff experts: David Gibson, vocational economics, Louisville, Ky.; Shawn Gyorke, accident reconstruction, Algonquin, Ill.; Michael Napier, truck safety, Macon, Ga.; and Nicholas Angelopoulos, pain management, Tinley Park, Ill.
Defense experts: Sean Salehi, neurosurgery, Westchester, Ill.; John Goebelbecker, accident reconstruction, Morton Grove, Ill.; and James Radke, vocational economics, Northbrook, Ill.
