Transportation Law
• Alton C. Haynes and Brian P. O’Neill tried a case in the United States District Court for the Northern District of Illinois, Eastern Division. Winkler v. Wetterau Homestead, Inc., was tried before the Honorable Judge Virginia M. Kendall. The plaintiffs were stopped in their car waiting to pay a toll at the Chicago Skyway toll booth. The defendants’ tractor-tanker truck approached the toll booth at a high rate of speed, swerved, rolled over and struck approximately 25 vehicles, shutting down the Chicago Skyway for hours. The defendants admitted negligence. Plaintiff John Winkler’s injuries included: two microdiscectomies at L5-S1; lumbar fusion at L5-S1; post-traumatic stress disorder; depression; fractured toe with laceration. Mr. Winkler’s wife also made a claim for loss of consortium. The plaintiff’s medical bills totaled $430,000. The plaintiff’s loss of business opportunity as a political consultant was $1,608,626. The plaintiff’s last demand was $1,900,000. The last offer was $800,000. The plaintiff asked the jury for $3,969,591. The jury returned a verdict of $185,000 against our clients.
Alton C. Haynes and Brian P. O’Neill successfully obtained a Not Guilty verdict in Arommia R. Osborne v. Roy Overton Trucking, et. al. As plaintiff was entering the northbound Dan Ryan Expressway at 71st St. plaintiff claimed that she came to a stop at the bottom of the merge ramp and that defendant’s northbound truck drifted from the right lane into the merge lane, striking her from behind. Plaintiff, a U.S. Customs inspector, suffered several herniated cervical discs resulting in fusion at C4-5 and C6-7, post-traumatic arthritis in both hands, and multiple abrasions and contusions. Defendant truck driver contended that plaintiff was attempting to merge into the right lane while riding the shoulder when she encountered an abandoned car on the shoulder and suddenly swung her vehicle to the left, colliding with defendant’s truck. Plaintiff asked for $900,000. A jury returned a Not Guilty verdict.
• Shimon B. Kahan won an appeal upholding a not guilty verdict. The Appellate Court of Illinois, First District, affirmed the judgment of the Circuit Court of Cook County in Osborne v. Roy Overton Trucking, et al.
• Shimon B. Kahan won an appeal upholding summary judgment in favor of the defendants. The Appellate Court, First District, affirmed the Defendant truck company’s motion for partial summary judgment in Patterson v. Roehl Transport, Inc., et al. as to the theory of negligent entrustment. After obtaining partial summary judgment on the pleadings at the trial court level, Shimon B. Kahan defended the appeal filed by the Plaintiff and the Appellate Court upheld the ruling. Plaintiff filed a PLA, which was not accepted.
Alton C. Haynes and Brian P. O’Neill successfully obtained a Not Guilty verdict in Arommia R. Osborne v. Roy Overton Trucking, et. al. As plaintiff was entering the northbound Dan Ryan Expressway at 71st St. plaintiff claimed that she came to a stop at the bottom of the merge ramp and that defendant’s northbound truck drifted from the right lane into the merge lane, striking her from behind. Plaintiff, a U.S. Customs inspector, suffered several herniated cervical discs resulting in fusion at C4-5 and C6-7, post-traumatic arthritis in both hands, and multiple abrasions and contusions. Defendant truck driver contended that plaintiff was attempting to merge into the right lane while riding the shoulder when she encountered an abandoned car on the shoulder and suddenly swung her vehicle to the left, colliding with defendant’s truck. Plaintiff asked for $900,000. A jury returned a Not Guilty verdict.
• Shimon B. Kahan won an appeal upholding a not guilty verdict. The Appellate Court of Illinois, First District, affirmed the judgment of the Circuit Court of Cook County in Osborne v. Roy Overton Trucking, et al.
• Shimon B. Kahan won an appeal upholding summary judgment in favor of the defendants. The Appellate Court, First District, affirmed the Defendant truck company’s motion for partial summary judgment in Patterson v. Roehl Transport, Inc., et al. as to the theory of negligent entrustment. After obtaining partial summary judgment on the pleadings at the trial court level, Shimon B. Kahan defended the appeal filed by the Plaintiff and the Appellate Court upheld the ruling. Plaintiff filed a PLA, which was not accepted.
