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ARTICLE ID 29131

$________ - MOTOR VEHICLE NEGLIGENCE - DRIVER OF TRUCK UNDER THE INFLUENCE OF COCAINE AND MARIJUANA STRIKES VEHICLE PROPELLING IT INTO TRAFFIC - VEHICLE STRUCK BY CEMENT HAULER AT TRAVELING AT 50 MPH - WRONGFUL DEATH.

Cook County, Illinois

The plaintiff, a passenger in a vehicle waiting to make a left turn was struck in the rear by an ________ pound truck whose driver was under the influence of drugs. The car was propelled into oncoming traffic where it was struck by a cement truck traveling at 50 mph. The passenger was pronounced dead at the scene of the accident.

On October 11, ________, the 28-year-old decedent was a passenger in a Chevrolet Berreta that was stopped in traffic waiting to make a left turn off Route 20 in Marengo, Illinois. The decedent’s vehicle was struck rear-ended by a semi-tractor trailer driven by defendant David Villarreal, an employee of the trucking firm defendant Preferred Unlimited, Inc. The Chevy Beretta was then thrown into oncoming traffic and struck again by an oncoming semi-tractor trailer driven by the defendant Zarko Trisic of the Chicago trucking firm Defendant Kazanova Cartage, Inc. Post- accident drug testing revealed that David Villarreal had high doses of both marijuana and cocaine in his system. The Preferred Unlimited, Inc. truck belonged to Rollins Leasing Corporation.

Rollins admitted only having $________ in insurance.

The plaintiff alleged that the defendants Preferred and Villareal were negligent in their operation of the vehicle and in permitting Villareal the driver to operate the vehicle when he was unfit to do so. The plaintiff alleged that the owner of the truck, Rollins, was negligent due to the improper maintenance of the tractor trailer. The plaintiff sued the driver and owner of the cement truck for negligence. The plaintiff also sought compensatory damages for the decedent’s conscious pain and suffering in the moments immediately following the accident.

The defendants Trisic and Kazanova Cartage maintained that they were p 7 3 not the cause of the decedent’s death as his vehicle was struck and thrown in front of this defendant. The defendants Villareal, Preferred and Rollins attempted to prevent the jury from learning about the drugs in the driver’s system at the time of the collision. They were unsuccessful in this endeavor.

The trial in this matter lasted two weeks. The plaintiff settled with Rollins soon after the trial commenced for $________. The jury found the defendants Villareal and Preferred ________% liable and found no liability as to defendants Trisic and Kazanova Cartage.

The jury returned a verdict in the amount of $________. The verdict was comprised of $________ for loss of society and future earnings and $________ for the conscious pain and suffering of the decedent in the moments immediately following the collision. Since Rollins’ insurance policy through Zurich American covered Villareal as a permitted user of the vehicle, Zurich American is responsible for payment of the verdict according to the plaintiff’s counsel.

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