JVR Trial Excellence Awards 2024

CASE REPORT

(LLL 4/1) REAR END--HIT BY SEMI WHILE BRAKING FOR WRONG-WAY DRIVER--NINE SURGERIES (1D) James Denton, Theresa Denton v Universal Am-Can Ltd., David Lee Johnson, Louis Broadwell LLC 15L-1727 (refiled from 12L-3085) Tried Sep. 21-Oct. 16, 2017 VERDICT: $54,155,900: $16,095,900 compensatory damages to James ($6,000,000 past and future pain & suffering; $6,000,000 past and future dis- ability; $1,178,900 past and future medical expenses; $2,917,000 past and future loss of earnings; $0 disfigurement); $3,060,000 to Theresa ($3,000,000 loss of consortium; $60,000 loss of services); $35,000,000 punitive damages to James v Universal only. The jury apportioned liability 40% v Johnson individual- ly and as agent of Universal and Broadwell, 60% v Universal for negligent hiring and/or retention, 0% v George Kallis (non-party, under Indiana several liability).

Robert J. Napleton On June 1, 1987, Bob started his career at Motherway & Glenn as a law clerk for Nick Motherway and Bob Glenn. In November 1988, he began working at the firm as an as - sociate attorney with a practice centered on personal injury, wrongful death, and medical negligence cases. Bob has obtained numerous multi-million- dollar verdicts and settlements, including a $54.15 million jury verdict (record high ver - dict for Illinois auto personal injury), a $27.67 million jury verdict (truck crash on Interstate 80 causing paralysis), and a $15 million set - tlement (record high for a medical malprac - tice case against Cook County Hospital).

JUDGE: Lorna E. Propes (IL Cook-Law)

PLTF ATTY(S): Robert J. Napleton of Motherway & Napleton (Chicago, IL), Christopher T. Theisen, James M. Roche of Theisen & Roche (Wheaton, IL) for both pltfs DEMAND : none ASKED : $19,126,173 + punitive DEFT ATTY(S): Carlton D. Fisher, Michael J. Cunningham of Hinshaw & Culb- ertson (Chicago, IL) for all defts (Cherokee Insurance) OFFER : $1,000,000 policy PLTF MEDL: Dr. Richard Lim (Orthopedist), Dr. George Branovacki (Orthope- dist), Dr. Nicholas Angelopoulos (Pain Management), Dr. Peter B. gisic (Family Practice), Dr. George Sreckovic (Urologist), William Holley, L.C.S.W. (Counselor) for James Denton

DEFT MEDL: Dr. Sean Salehi (Neurosurgeon) for all defts

PLTF EXPERT(S): Shawn Gyorke (Accident Reconstruction); Michael Napier, Sr. (Trucking Safety); Barbara King, R.N. (Medical Billing); David Gibson (Voca- tional Economics Analyst) for James Denton DEFT EXPERT(S): Andrew Sievers (Trucking Safety); John Goebelbecker (Ac- cident Reconstruction); Christine Kraft (Medical Billing); James J. Radke (Voca- tional Rehabilitation) for all defts Pltf was driving southbound on Interstate 65 near Rensselaer, IN, when his Jeep was rear-ended at 40 mph by defts’ semi-tractor-trailer on Feb. 8, 2011. Deft truck driver Johnson was an employee of defts Universal and Broadwell. Southbound traffic was abruptly braking at the time because a wrong-way driver was traveling north in the southbound lanes. That motorist, M-88 George Kallis, went several miles the wrong way without hitting any vehicles; he died a few weeks later from unrelated causes. Pltf M-53 sustained neck and back injuries which required multiple epidural steroid injections, three cervical spine surgeries including anterior discectomy/fusion at C4-5, and three lumbar spine surgeries including L5-S1 laminectomy and fusion. He also suffered left knee injuries requiring three surgeries including total knee replacement, ongo- ing chronic pain syndrome, occasional urinary incontinence, post-traumatic stress disorder, depression, and anxiety ($678,900 past medical, $2,918,000 lifetime LT as vice president for flooring conglomerate Mohawk Industries).

Christopher T. Theisen Chris Theisen was born and raised in the Chicago area and attended Colorado State University where he obtained a business ad - ministration degree in 1986. He attended DePaul University’s College of Law graduat - ing in 1989. He began his legal career work - ing for CNA Insurance in Chicago, for several years after graduation from DePaul Univer - sity. He began his solo legal practice in 1994 and joined with James Roche to form Theisen and Roche, LTD., in 2004, represent - ing injured clients all across Illinois. He is an active member of the Dupage County Bar Association, Illinois State Bar Association, and American Association for Justice.

JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 77

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