La Salle County Jury Awards $9,293,400 in Tractor-Trailer Collision

In October 2018, a collision occurred in La Salle County when a tractor-trailer operated by a defendant driver pulled out from a stop sign, attempting a left turn, and was struck by a plaintiff truck driver operating another tractor-trailer. The plaintiff, who did not have a stop sign, sustained severe injuries. The defendant driver was operating an empty hazardous-materials tanker in the course of his employment for a defendant employer. The plaintiff subsequently filed a lawsuit alleging negligence and gross negligence against both the defendant driver and the defendant employer. A staffing company that had hired the defendant driver for the employer was initially named as a defendant but was later dismissed from the case.

The plaintiff's legal counsel argued that the defendant driver failed to stop at the stop sign, a claim supported by data from the defendant's tractor. It was also alleged that the defendant driver's hazmat endorsement had expired before his employment and that the defendant employer's director was aware of this. Furthermore, the plaintiff contended that the defendant driver had a history of speeding tickets and license suspensions and was untruthful in discovery. The collision resulted in extensive injuries for the plaintiff, including multiple fractures, internal ligament tears, a brain injury, and psychological conditions, requiring numerous surgeries and leading to claims of permanent disability. The plaintiff sought over $50 million in damages, including past and future medical expenses, lost earning capacity, pain, impairment, and punitive damages.

The defense denied that the employer's director knew the hazmat endorsement had expired, arguing that the license report was unclear. The defense also contended that the plaintiff was speeding, based on skid marks at the scene, and was therefore partly responsible for the crash. While not disputing the orthopedic injuries, the defense argued that the plaintiff's concussion had resolved without lasting effects and suggested an award of $6 million to $7 million.

After a 10-day trial and three hours of deliberation, the jury returned a verdict. It found the defendant driver 60 percent negligent, the defendant employer 30 percent negligent, and the plaintiff 10 percent comparatively negligent. The jury also found both the defendant driver and the defendant employer grossly negligent. The total award to the plaintiff was $10,326,000, which was reduced by the plaintiff's comparative negligence to a net amount of $9,293,400.