Outstanding Defense Verdict in a Carrier Case
103 mg/DL and 143 mg/DL, which is above the legal limit of 80 mg/DL (.08%) for driving. Pltf contended the CTA will- fully and wantonly failed to control the speed of the train and failed to timely apply the brakes. The parties stipulated that Gaddy was a trespasser. The de- fense argued the CTA had no duty to keep a lookout for a trespasser, the train operator braked as soon as he observed an object on the tracks, he applied the emergency brakes in an attempt to stop the train as soon as he identified it was a person on the tracks, and Gaddy’s
negligence was 100% of the cause of the accident. The Court instructed the jury that CTA’s duty was to refrain from willful and wanton conduct to avoid injury to Gaddy. Both parties relied on CTA platform video and train video (exterior and interior). Defense counsel notes that pltf’s settle- ment demand was $47,500,000 until trial when it was reduced to $15,000,000, and pltf asked the jury to award an unspeci- fied amount of damages in the range of nine figures. This case was the topic of a Chicago Daily Law Bulletin article on May 2, 2024.
Gerald T. Donoghue Gerry Donoghue is a Managing Attorney with the Chicago Transit Authority Law Department, Torts. He was a co-recipient of the 2022 Jury Verdict Reporter Out - standing Defense Verdict in a Premises Case. Gerry defends CTA’s high-exposure bus, rail, and premises personal injury and wrongful death cases. He is author of the article “Intoxicated Passengers - Do Com - mon Carriers Owe a Duty of Additional Care to Intoxicated Passengers?” pub - lished in the Illinois Bar Journal, August 2022. Gerry is a member of the Chicago Bar Association and Illinois Bar Asso- ciation. He has served as a mentor to stu- dents at Loyola University Chicago School of Law and through the Chicago Bar As - sociation Mentorship Program.
The Chicago Transit Authority Law Department , Torts Division inhouse at- torneys and staff defend the CTA and its employees in bus, rail, and prem- ises personal injury, wrongful death and property damage actions in the Law Division and First Municipal Division of the Circuit Court of Cook County and Federal District Court. The CTA is the second largest transit agency in the nation. Torts Division attorneys are active in motion and trial practice and have extensive trial experience.
74 JURY VERDICT REPORTER • 2025 ANNUAL TRIAL LAWYER EXCELLENCE AWARDS
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