Highest Reported Illinois Verdict or Settlement for Auto Rear End
Pltf contended Johnson failed to keep a proper lookout, failed to slow in time to avoid a collision, his employers were responsible for his negligence, and the companies were grossly negligent and/or willful/wanton for hiring and retaining Johnson due to his checkered driving record and prior felony conviction stem- ming from a road rage incident. Johnson’s history included multiple moving vio- lations, two “at fault” accidents, terminations by previous employers, and three suspensions of his CDL (commercial driver’s license) in the previous five years. Pltf sought punitive damages of one to ten times the compensatory award. The defense conceded Johnson was employed by Universal and Broadwell, but denied negligence and maintained defts were not liable under the Indiana “emergency doctrine - hindsight bias” instruction because Kallis was 100% at fault for the collision. The defense further denied any willful/wanton conduct in hiring/retaining Johnson, contested injury causation and nature/extent, and claimed pltf had the classic signs of seeking secondary gain. This case involved an interlocutory appeal in which the First District ruled that Indiana law applied to the issues of liability, damages, and punitive damages for negligent hiring/ supervision/retention. Prior to trial, pltfs received $285,000 in settlements from several former co-defts including Kallis. The jury deliberated 2.5 hours. Pltf’s counsel notes defts made no offer until offering $500,000 midtrial, and the of- fer listed above came 15 minutes before the verdict. The defense filed post-trial motions regarding Judge Propes’ decision to apply Illinois law to questions of damages, as well as a subsequent Indiana Supreme Court decision that in- dependent causes of action for negligent hiring/supervision/retention are not allowed when a principal/employer admits agency and scope of employment (Sedam v 2JR Pizza, Oct. 31, 2017).
James M. Roche James Roche was born and raised in the Chicagoland area. He graduated from Mar - quette University in 1984 with a Bachelor of Science degree. He graduated from Loyola University Chicago School of Law in 1987. During law school he worked as a law clerk for the Honorable James Bailey at 26th and California. He began his legal career as a defense attorney in 1987 with an underlying passion for personal injury law. In 1998 he began his work as a personal injury attorney. In 2004 he joined forces with Christopher Theisen and formed Theisen & Roche, LTD. He is a member of the Illinois Trial Lawyers Association; American Association of Jus - tice; AAJ’s Trucking Litigation Group and the Academy of Truck Accident Attorneys.
Napleton & Partners handle injury and wrongful death cases of al- most every kind, and have achieved significant results in car, truck, bus and motorcycle crashes, medical malpractice, products liability, con- struction accidents, police misconduct, and premises liability cases. The firm was founded on the belief that victims of negligence should have access to highly ethical, compassionate lawyers who will aggres- sively fight for justice on their behalf. The firm remains committed to that philosophy. Napleton & Partners has risen to become one of the most respected and recognizable plaintiffs’ personal injury law firms in Illinois. The law firm of Theisen & Roche, LTD. , was established in 2004. 100 percent of the firm’s practice is devoted to representing individuals or their loved ones who have been harmed due to the negligence of others. The firm places an emphasis on representing individuals or their loved ones who have been harmed in trucking crashes.
78 JURY VERDICT REPORTER • 2024 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
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