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ARTICLE ID 199543

$________ GROSS – MOTOR VEHICLE NEGLIGENCE – AUTO/TRACTOR TRAILER COLLISION – VEHICLE IS STRUCK IN REAR BY TRACTOR TRAILER AFTER COLLIDING INTO CRASH BARRELS ON HIGHWAY – WRONGFUL DEATH.

Cook County, IL

In this motor vehicle negligence matter, the plaintiff alleged that the defendant driver and company were negligent in colliding into the rear of the plaintiff’s vehicle when it came into his lane of travel. As a result of the collision, the plaintiff alleged the decedent was killed. The defendant driver and company denied liability and maintained that the decedent was intoxicated and crashed into the barrels and then her vehicle slid into the defendant driver’s lane of travel.

The female decedent was operating her vehicle on October 1, ________ in a southbound direction on the highway where the collision occurred at approximately 4:45 a.m. The decedent’s vehicle struck the crash barrels located near the exit ramp and her vehicle slid into the defendant’s lane of travel. The defendant’s tractor trailer then collided into the rear of the decedent’s vehicle, causing her death. The plaintiff brought suit against the defendant driver and defendant trucking company alleging negligence. The plaintiff contended that the defendants were negligent in failing to have the truck under control so that it could stop and avoid colliding into the rear of the decedent’s vehicle.

The defendants denied the allegations and contended that the decedent’s intoxication and loss of control were the sole cause of the vehicle crashing into the barrels and then losing control. The defendants maintained that the driver had no time to avoid the impact with the decedent’s out of control vehicle. The defendants disputed causation and damages.

The matter proceeded to trial.At the conclusion of the trial, the jury deliberated and returned its verdict in favor of the plaintiff. The jury awarded the sum of $________ in damages, consisting of $________ for loss of society in the past and $________ for future loss of society. The jury assessed liability at 40% to the plaintiff and 60% to the defendants.

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