CASE REPORT
(21 MY/1) STOP SIGN--CAR COLLIDES WITH TURNING TRACTOR-TRAIL- ER--MULTIPLE FRACTURES (1F)
Alfredo Garcia v Robert D. Hahn, Pleasantview Carting Inc. 19L-303 (refiled from 16L-119) Tried May 3-11, 2021
VERDICT: Not Guilty v both defts
David C. Wise David Wise is a nationally recognized trial lawyer known for record-setting verdicts and settlements throughout Illinois. Since founding Wise Law Offices in 2002, he has achieved more than $400 million in results for clients. Rated AV Preeminent by Martindale-Hubbell and named a Lead- ing Lawyer and Super Lawyer every year since their inception, David’s decades of experience reflect his relentless pursuit of justice and dedication to clients across complex personal injury and wrongful death cases. Brett M. Henne Brett began his career in 1989 with the Grayslake Fire Protection District, advanc - ing to the position of Fire Marshal, Certified Fire Investigator through the International Association of Arson Investigators, and as a licensed paramedic. From there, he served as an Assistant State’s Attorney for the Lake County State’s Attorney’s Office. His experience includes trials of civil and criminal matters before juries, judges, and arbitrators, both as a private attorney and as an Assistant State’s Attorney. Brett has tried over 60 cases to verdict, from prop - erty-related crimes to murder to medical malpractice. At Swanson, Martin & Bell Brett serves as Vice Chair of the Fire and Explosion Practice Group.
JUDGE: Jacquelyn D. Melius (IL, Lake 19th Jud Cir)
PLTF ATTY(S): Brian L. Salvi, John A. Mennie, Michael J. Schostok of Salvi, Schostok & Pritchard (Chicago, IL) DEMAND : $3,000,000 ASKED : $15,000,000 DEFT ATTY(S): Brett M. Henne, Jacob D. Caudill of Swanson, Martin & Bell (Libertyville, IL) for both defts (QBE) OFFER : $300,000 PLTF EXPERT(S): Dr. Matthew L. Jimenez (Orthopedist); Stanley V. Smith, Ph.D. (Economist); Thomas N. Rush, P.E. (Accident Reconstruction) DEFT EXPERT(S): Michael Arnett, P.E. (Accident Reconstruction); David Curry, Ph.D. (Human Factors) for both defts
Pltf was driving eastbound on Route 173 in Fox Lake on October 2, 2015, when he collided with defts’ tractor-trail- er as it turned onto Route 173. The 44- foot long truck had just exited a nearby quarry (Thelen Sand & Gravel, 28955 W. Route 173) and was carrying a full load of aggregate when it pulled out from a stop sign and turned onto eastbound Route 173. Pltf struck the trailer near the right rear wheel, and the impact caused him to be ejected from his vehicle. Pltf M-46 sustained a subdural hematoma, compound mid-shaft femur fracture in his left leg, left intertrochanteric frac- ture, shattered right patella, left foot Lis Franc fracture/dislocation, maxilla fracture, and bilateral submandibular subluxation. Pltf required a total of four surgeries including knee replacement, and he continues to have difficulty walk - ing without a cane or crutch ($744,000 medical expenses, $2,811,568 past and future lifetime LT as a cement finisher). Pltf contended he had the right of way because he was on the preferential road- way, deft driver failed to yield the right of way, and pltf never saw the trailer prior to the collision in the early morning dark- ness because the trailer only had 2% of
the required reflective taping on its side. The crash was captured on the quarry’s nearby security camera and showed pltf was going at least 58 mph in a 45-mph zone. Pltf testified he was increasing his speed because he was approaching a 55-mph zone 100 to 200 feet ahead (further east). Deft M-55 maintained he was beginning his turn when he saw an- other truck coming eastbound on 173, the approaching truck’s turn signal was activated indicating an intent to turn, and pltf drove onto the shoulder to pass the turning truck while deft was in the middle of his turn. The defense argued pltf was speeding at 62.5 mph, approxi- mately nine seconds elapsed between the time defts’ truck began its turn and the time of the impact, deft driver there- fore had the right of way based on that time span, pltf had enough time to re- duce speed and avoid the collision, and on the date of the occurrence nobody had identified that the trailer’s retro-re - flective tape was deficient. Pltf’s coun - sel Salvi Schostok & Pritchard took over the case in July 2018, after all discovery had been completed. This case was the subject of a Chicago Daily Law Bulletin article on May 26, 2021.
JURY VERDICT REPORTER • 2025 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS 13
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