On May 6, 2008, the one of the plaintiffs was operating her motor vehicle
with the other two plaintiffs as passengers when they were read-ended
by a truck owned by Acme Trucking Company and being operated by one of
its employees. The three plaintiffs filed this action against Acme Trucking
Company (doing business as Acme Refining Scrap Iron and Metal Company)
and their employee alleging that the negligent operation of the truck
caused the collision and their injuries.
The plaintiffs suffered various injuries, including one of the plaintiffs
necessitating two fusion surgeries on his thoracic spine due to his injuries.
His claims also included a claim for the inability to obtain and maintain
competitive employment as a result of his injuries in the accident. Prior
to the accident, this plaintiff was a student in the process of receiving
a bachelor’s degrees in Biology and Physics which was to complement
his previously obtained bachelor’s degree in English and he also
delivered pizza part time.
As a result of the injuries this plaintiff suffered in the collision, there
was a significant delay in his ability to return to school and finish
his degrees. In addition to the claims for their injuries and lost wages,
the plaintiffs also maintained claims against the defendants for pain
and suffering, loss of a normal life, medical expenses, and emotional
distress. The other two plaintiffs suffered minor injuries.
The defendants disputed the nature and extent of the plaintiffs’
injuries as well as the claims by the student for the inability to obtain
and maintain competitive employment.
This case was set for trial in front of the Honorable Judge Daniel Lynch
in the Circuit Court of Cook County. On the eve of trial, the defendants
admitted liability and that their negligence was a proximate cause of
the plaintiffs’ injuries. Shortly after picking a jury, but prior
to beginning opening statements in the trial, the parties settled this
matter. The defendants settled this case with the plaintiffs for $2,950,000.00
on March 15, 2012. The plaintiff who underwent two fusion surgeries settled
for $2,900,000.00. The other two plaintiffs who suffered soft tissue injuries
settled for $30,000.00 and $20,000.00 respectively.
The plaintiffs were represented by
Joseph A. Power, Jr., and
Brian LaCien of Power, Rogers & Smith, L.L.P.