Chicago Wrongful Death Lawyer Blog

The family of a Goleta man killed in a wrong-way freeway crash is getting $7 million from Verizon California as a result of a settlement agreement in the wrongful death lawsuit. The automobile accident occured when Verizon truck driver Mark William Selander was in the throes of a diabetic reaction and drove onto U.S. Highway 101 in Santa Barbara and headed in the wrong direction for eight miles. At that point he crahsed into 49-year-old Joe Vega's minivan killing him.

According to terms of the settlement agreement, Vega's widow Reyna gets $4 million, their two daughters each get $1 million and their two grandchildren each get $500,000. No amount of money will replace Mr. Vega but at least his surviving loved ones can get some money that may help them move past this. In many cases, the person responsible does not have much in the way of insurance so a large judgment which is collectable is not possible. Given all of the circumstances, they are at least fortunate that Verizon was capable of paying such a large amount.

Louisville Metro Government will pay $835,500 to settle a wrongful death lawsuit filed over the death of a man killed when a police officer struck him as he put gasoline into a friend's stranded vehicle along the Interstate. Louisville Metro Police Officer Kenten Measle was driving to work, speeding, when he swerved into an emergency lane, killing 37-year-old Donnie Puente and striking the stranded vehicle. Including settlement money from an insurance company, Puente's estate, his teenage daughter, and two injured passengers, will receive more than $1.3 million.

This type of accident is tragic and it is nice to see the family compensated. An accident reconstructionist ruled that Officer Measle was driving about 68 mph in a 55 mph zone and that inattention and disregard of traffic control contributed to the wreck. Hopefully all parties will be able to move on with their lives after this tragic accident.

The family of Jaimee Kellermann settled their wrongful death lawsuit for $1.75 million against multiple defendants. Kellermann died when she and friends accepted a ride home from a Short Pump movie theater. The driver, Nathan DeFrank allegedly drove recklessly, sped and crashed into a tree, killing Kellermann. In what was the most damaging piece of evidence, Kellermann's last text message to her family, apparently written during the ride, saying she feared for her life.

Car accidents like this involving inexperienced drivers many times turn fatal. In many states inexperienced drivers cannot have more than one person in the car with them. This case was very tragic and shows that parents should watch closely who their child drives with.

"No boys with cars," he said, according to court records. Paula McDonough answered, "Don't worry, I promise we'll take good care of her."

The estate of Sarah Heator filed a wrongful death lawsuit against Rickey Miller, who was driving the wrong way on a major highway. According to published reports, Miller was driving the wrong way on I-475, a mjor highway, when he caused the car accident which killed Heator. Heator was on her way to work my she was killed. Miller has been charged with vehicular homicide and awaits his criminal trial.

This automobile accident was 100 percent preventable. It is such a tragedy that young innocent drivers are killed each year because of the neglect of others. One thing this tragic accident shows however is the need for underinsured motorist insurance coverage. That type of insurance coverage will help if you are in an accident with someone who does not have much insurance or no insurance. This wrongful death lawsuit also illustrates how dangerous the roads and highway are.

If you or a loved one is killed in a car accident and the other person only has minimum insurance in Illinois you will have a problem. You of course could file a wrongful death lawsuit but you need to be able to have some asset to go after if you receive a large verdict. The minimums in Illinois are $20,000 per person with a $40,000 per accident maximum. That means if there are four people in your automobile and they are all killed their estates can only get $40,000 split four ways to cover the loss of all four people. $10,000 per person would probably not even cover their funeral expenses.

So in order to avoid this what you should do is make sure your underinsured coverage is very high. Underinsured coverage pays you and your family when involved in an car accident with a driver who does not have adequate insurance coverage. In the example I gave above, if you have an underinsurance policy of $400,000 in place, than each person killed would be able to collect $110,000 per person as opposed to just the $10,000 per person--assuming a verdict larger then $440,000.

The estate of Louise Battistelli filed a wrongful death lawsuit based on the death of Louise Battistelli which was caused by the negligence of Jacqueline McGee. According to the lawsuit McGee caused the death of Battistelli when her Buick struck the van Battistelli was driving in.

As a result of the car accident McGee was charged with misdemeanor counts of failure to yield and vehicular homicide and found guilty of both. This is a classic case of someone who did not intentionally cause the death of another but who caused the death nevertheless. It is important to file wrongful death lawsuits if for no other reason to at least pay for the medical expenses and funeral expenses that will be incurred.

Joshua Molina Sr. who is one of the parents of a thirteen month old boy killed in a car accident filed a wrongful death lawsuit against Putiporn Kaewmooka, the driver of the other car. The crash happened near the intersection of Parker and Cicero in Chicago. According to police reports Kaewmooka was driving away from the scene of an earlier accident in which he was at fault and sped into a car driven by Joshua Molina. The resulting car accident killed his son, Joshua junior. The young boy was ejected from the car and killed. Documents in the lawsuit reveal that Kaewmooka was traveling 80 to 90 mph at the time of the crash. He hit the other car so hard it knocked the toddler out the car seat he was fastened to and in to a rear window.

It only got worse for Molina Sr. as two other passengers, Orlando Rodriguez and Aldo Maldanado were also killed and they happen to be his two best friends. Peronsal injury lawsuits like this are usually very painful but necessary to hold those at fault responsible.

"It just kills me inside that I had to lose my only son and my two best friends for no reason." said Joshua Molina Sr.

A wrongful death lawsuit was filed by the estate of Mavis Stonick who was killed when she tried to cross the street. According to the lawsuit the elderly Evanston woman attempted to cross Sheridan Road near Foster Street in Evanston and was struck by a Mercedez-benz driven by Judy Lowrance.

According to witness accounts, Stonick was walking west across Sheridan Road against a light when she was struck by a car which was traveling within the posted speed limit. The main problem invovling this car accident may have been darkness and rainy weather. The lawsuit alleges Lowrance was careless and negligent because she failed to keep a proper lookout and drove to fast for traffic and weather conditions.

The Estate of a 17-year old youth killed in an automobile accident filed a wrongful death lawsuit against Ramada Inn. According to the lawsuit, Nemcheck consumed alcohol at his place of employment, Ramada Inn and subsequently crashed his truck through a fence and into a pond, causing his death. According to published reports, Nemcheck had a blood-alcohol level of 0.14 percent at the time of the car accident. The main claim in the lawsuit is that Ramada Inn allowed him to access and consume alcohol while he worked a 16-hour shift.

Additional facts that are damning to Ramada Inn are there were previous legal proceedings against Ramada for allowing access to alcohol by minors. In ruling so far the Judge made the following findings of facts. First, Nemcheck had unsupervised access to alcohol; second, the bar area was unlocked and alcohol was readily accessible; and lastly, the hotel's bartender left two minors unsupervised for nearly two hours. This case seems ripe for settlement and hopefully the company will put in place better measures to ensure this type of incident does not happen in the future.

Kevin Benes' family filed a wrongful death lawsuit against Michael Bourdage who was indicted on two counts of aggravated drunken driving in the car accident that killed Benes. According to the lawsuit Bourdages truck slammed into Benes' car killing him. Bourdage has pleaded guilty to more than a dozen traffic, drug and alcohol offenses in Will County, including a drunken driving charge in 2007.

This is a good example of someone minding their own business and being in the wrong place at the wrong time. It is important to hold those responsible for the death of someone else. When people are driving drunk or under the influence of drugs, they present a danger ton themselves and to the public. The unfortunate thing about a case like this is that the only available asset may be the insurance policy if the driver was insured. Many times, irresponsible drivers will have low insurance coverage or no coverage. It is also possible to recover through your own policy under the underinsured provision. It is therefore important to make sure you keep high limits on your underinsured policy.

A $100 million wrongful death lawsuit claims Janice and Kenneth Berg died after their 2009 Toyota Camry’s throttle malfunctioned resulting in the car to accelerating and crashing into a utility pole. Months after the death of his parents Hall received in his mother’s mail a letter from Toyota to inform her that the gas pedal of her Camry could get stuck on the all-weather floor mats, causing a dangerous situation. Toyota ended up recalling 6 Million U.S. Cars because of problems with the throttle.

According to documents filed in the wrongful death lawsuit Toyota attempted to cover up the dangerous defects in many of its vehicles, first blaming driver inattentiveness in April 2009, then the floor mats months later. This type of behavior is outrageous. The fact that a large corporation would put the lives of consumers at risk so they could save a few dollars is obscene. Automobile accidents involving defective products are more common that one would think. This is a good example of why problems with automobiles should not be dismissed and if you are involved in a car accident you should inquire as to whether there is a problem with the equipment on the car.

“Subsequently, it has been allegedly discovered that Toyota was aware of problems with gas pedal sensors, causing sudden vehicle acceleration in many of its vehicles as early as March 2007, the lawsuit claims.

A lawsuit was filed against Toyota for wrongful death after a crash involving a 2009 Toyota Corolla driven by Trina Harris. The estate of Trina Harris, who was killed when her Toyota Corolla suddenly accelerated and crashed in December 2009 alleges Toyota new about the defect. The estate is suing Toyota and the gas pedal’s manufacturer, and the Toyota dealership where Harris had leased the car.

It was very tragic as Harris was killed instantly when her Toyota Corolla drove through a stop sign and slammed into a concrete wall. The car was a 2009 model and you just don't expect to have mechanical problems when you purchase a new car. Of course now Toyota is recalling the vehicles and hopefully future tragic automobile accidents will be avoided. Trina is survived by a loving husband and two beautiful daughters.

Robert Redfern the husband of Bertilia Redern who was killed in a traffic accident almost a year ago was awarded $620,000 in a wrongful death lawsuit against Cody Stevens who has admitted causing the crash. According to details of the lawsuit Stevens admitted to swerving into the southbound lane, causing Redfern to swerve and lose control of her vehicle which was then struck by a northbound truck. Bertilia Redfern was pronounced dead at the accident.

Stevens filed for bankruptcy protection and it is unclear if any money will actually be collected in this case. Usually, at least the insurance policy limits will be collected. This was a tragic case and illustrates the problems that can occur during a lawsuit--in this case the defendant filing for bankruptcy protection. Automobile accidents are many times life changing events and getting closure at trial or through settlement can many times help the healing process.

Lakeisha White an 11-year-old girl was killed when struck by a sheriff’s cruiser and her estate settled a wrongful death lawsuit with Rutherford County for $220,000. These types of cases are very difficult from an emotional standpoint. Many times the surviving parents just want closure and can't bear the thought of going to trial and hearing all of the details of their childs death. Although this amount may seem small given the girls young age, it also provides some closure to the parents.

Car accidents are the leading cause of death to young children. The police many times get caught up in catching the bad guys and responding to calls and forget that the streets and sidewalks are filled with innocent people. It makes no sense to kill innocent people while trying to catch small time criminals. In this case, the death of a young girl was caused by negligence and poor police training.

Bicyclist Thomas Hoskins's estate settled his wrongful death lawsuit for an undisclosed sum of money. The second person riding a bike who was killed in the accident, Lee Anne Barry, had her estate settle her wrongful death lawsuit for $2.5 million. The amount that either side could have been awarded at trial and paid was $55 million. The driver of the vehicle Sharon King was not company time at the time of the accident but was in a company owned vehicle and the company had insurance coverage in the sum of $55 million.

According to court documents the bicyclists had the right of way and there was little other traffic on the road when King was using her cell phone and hit both of the bicyclist killing them. As a result of this case, laws were passed making it illegal to text and use the cell phone while driving an automoble. Car accidents are the leading cause of death to bike riders.

“This case stands for the proposition that electronic distractions while driving — whether it’s cell phones, iPods or whatever — are deadly distractions that can lead to terrible tragedies,” Harpootlian said.

Fairfax County agreed Tuesday to pay $1.5 million to the family of Ashley McIntosh who was killed by a Fairfax police officer in a crash on Route 1, thus ending the wrongful death lawsuit against the county. McIntosh was driving her Toyota Corolla out of the Mount Vernon Plaza shopping center and was pulling onto Route 1 with a green light. Officer Amanda R. Perry was heading north on Route 1, with her emergency lights on but not her siren, when she drove through the red light at Boswell Road and struck McIntosh's car on the passenger side. McIntosh was ejected and died the next day. This type of wreckless driving is uncalled for and the danger posed by driving through a red light without the siren on is just plain stupid.

Fairfax prosecutors charged Perry with reckless driving but she was found not guilty in a bench trial. In a pretrial hearing, Perry acknowledged that she didn't use her emergency lights for several miles while heading to a reported fight in progress, in violation of police policy. There is a reason why departments have policies in place regarding using sirens and what to do when approaching intersections against the light. What makes matters worse is that the alleged fight was was actually the capture of a shoplifter. So this police officer ran a red light and took the life of a woman in her prime so she could respond to a call regarding a shoplifter. What a waste.

Man Wong died in an automobile accident on the Stevenson Expressway in Chicago after off-duty police officer Edward Stapinski lost control of his automobile. The family of Wong filed a wrongful death lawsuit seeking more than $20 million. It is alleged that Stapinski was intoxicated when the caused tha car accident. Stapinski has been charged with reckless homicide and aggravated drunken driving.

According to details in the wrongful death lawsuit Stapinski was southbound on the Stevenson Expressway after drinking at the WestEnd Bar and Grill in Chicago when he struck the concrete median barrier and went over the median into the northbound lanes striking the automobile driven by Wong. The wrongful death lawsuit claims Stapinski was severely impaired from drinking and blood taken at the hospital after the automobile accident showed his alcohol level at three times the legal limit. The legal limit in Illinois is .08. Aside from the wrongful death claim there is also a dram shop claim against the bar. Dram shop is the term for a cause of action against a business that sells alcohol to someone who then injures another person.

This tragedy began in August 2006, when 22-year-old Cleve Bostick was run over by a pickup truck driven by longtime friend David Phelps. Phelps was charged with DUI manslaughter and is currently serving a four year prison sentence. Many times horse play around automobiles can lead to devastating consequences. In this case a young man with a very bright future lost his life.

Bostick's family sued Phelps for wrongful death and a jury awarded them $1.5 million. Although many cannot bring Bostick back, in our justice system it is the only civil remedy available and it helps keep people accountable. There are thousands of tragic accidents involving alcohol and motor vehicles each year. Hopefully, as more people become aware of these tragedies by reading news reports and blog articles less people will suffer.

"There's still a lot of sadness," said Attorney Paul Phillips. "A lot of grief and that may never end for them, but at least to know that someone has gone and found everything that there is to know. I think that gave them some closure."

Continue reading "Family Of Son Run Over By Truck Awarded $1.5 Million In Wrongful Death Case" »