Fatal Illinois Highway Accident Case Settles for $5 Million - Estate of Heinz v. Messel, et al.
An Illinois wrongful death case recently settled in Will County for $5 million. The case was brought by the estate of a 57 year-old married mother of two adult children after she was killed in an Illinois auto accident. Estate of Heinz v. Messel, et al., No. 07 L 0090.
The highway crash took place on I-55, a highway connecting Chicago to St. Louis. The decedent driver was traveling northbound on the highway in the area of the Plainfield Township when a car driving southbound crossed the grassy median separating the different directions of traffic and crashed into the woman's vehicle. The head-on crash caused the decedent's car to flip over and land in a ditch off to the side of the highway.
An investigation of the accident revealed that the at fault driver was intoxicated at the time of the Illinois car crash. Whenever an Illinois car accident involves a DUI, the Illinois state's attorney can bring his/her own criminal charges against the offending driver. Under Illinois law, a person may be deemed intoxicated if their blood alcohol content (BAC) is measured at .08 or higher. Presumably some sort of action was taken in response to the fatal car accident; however, the criminal action would have been completely separate from the civil action involving the wrongful death claims.
The personal injury claim arose from a car crash that occurred in Elgin, Illinois. Khourny was driving along Route 31 when she was hit by another car. The 
The 
The events leading to the case began in 2005 when Perez's boyfriend, Baeza, was driving them home from a quinceañera, i.e. a coming of age celebration for a 15 year-old girl. Baeza had been drinking and was speeding along when his car left the roadway and struck a tree. He was later charged with an aggravated DUI.
While typically an Appellate Court will not overturn a jury's monetary awards since this is "an issue of fact for the jury to determine". Typically a jury's verdict awards will only be overturned if a party shows that the jury obviously ignored an established element of damages, that the award does not relate to the loss suffered, or if the verdict was the result of prejudice. 
In Illinois, the amount of damages awarded is typically left up to the jury's discretion. The jury is given judge-approved jury instructions so that the jury can make an informed decision regarding its verdict. Oftentimes if a party disagrees with the verdict their appeal focuses on the content of these jury instructions. For example, in 
The Illinois Appellate Court has already affirmed the lower court's ruling, but Ford Motor Co. brings its arguments before the Illinois Supreme Court in an attempt to reverse the trial court's rulings and resulting 
According to a lawsuit that was filed in 2009 against the driver of a sport utility vehicle that collided with a station wagon that was driven by the boy’s father, the boy was a passenger in the front seat when it was struck by the northbound SUV attempting to turn east onto Old Orchard Road from Skokie Boulevard. This crash took place in front of the 
The driver of the defendant’s vehicle was employed by a real estate company when he crossed the center line colliding head-on with the high school student’s vehicle. The defendant admitted liability before the trial, but allowed the case to go the jury on damages. The jury awarded $1.28 million in damages to plaintiff based upon his medical bills, past and future, pain and suffering and loss of normal life. 
The plaintiff's motion in limine sought to prevent evidence being introduced related to plaintiff's two prior traffic accidents and injuries. However, the defense contended that this information was relevant because there was extensive medical evidence demonstrating that the prior injuries were relevant to the plaintiff's current injuries. 
As a result of the 
After drinking at two different bars for about three and a half hours the defendant, Donald Adcock, took Jerica Klocke for a ride on his motorcycle. As they approached an intersection, Adcock lost control of his bike and crashed. He died at the scene. Klocke suffered severe injuries from which she died about 13 hours after the 
The unusually large number of recalls due to potential 
On the evening of January 10, 2010, an Illinois driver ran a red light on Chicago's Southside and struck another vehicle. While the driver was cited for his negligence by the Chicago police, the 
Late this evening an 82 year-old woman in Chicago's Austin neighborhood was walking across the street when she was struck by a car. The motorist not only failed to report the 
To date there have been no less than eight investigations into the sudden accelerations in Toyota and Lexus cars by the 
The decedent was tragically killed when an 85 year-old man mistakenly accelerated instead of braking, crashing his Chrysler Sebring into a Subway sandwich shop at a busy Chicago intersection. The decedent was killed when the driver's vehicle slammed into the store and pinned the patron between the car and the restaurant counter. 
Many drivers forget that automobiles and motorcycles function very differently and each have their own strengths and weaknesses. While a motorcycle is quick and easy to maneuver through traffic, it is also difficult to see. Whereas while it is hard to avoid seeing an SUV, it does have the disadvantage of being difficult to maneuver. 
In November 2006 when the minors were drinking beer in the Illinois family's home, the wife was present and apparently allowed the underage drinking. The lawsuit alleged that the parents had a duty to supervise the activities in their own home. The family’s younger daughter had invited the two minor boys to their home where they proceeded to drink. The lawsuit asserted a negligence claim alleging that the family adults had several opportunities to stop the teens from drinking, but did not. 
In 2005, the 
One way to stem the increase in passenger injuries and deaths could be an increase or stricter enforcement of regulations in place to protect the traveling public. Poor reinforcement of the current regulatory structure has resulted in an environment where a bus company and its drivers operate freely without any fear of consequence. 
New Year's Eve is a time to celebrate the coming of 2009. Restaurants and bars in Chicago and nationwide are lively as many celebrate the holiday and the arrival of the new year with drinks and merriment. It is easy to imagine that New Year’s Eve is a risky time for drivers and pedestrians in Illinois and the rest of the states. 
A recent 
For example, consider a Missouri case of Sam and his aunt Sandra [Back v. Winfield-Fire Protection Dist., No. SC 89001 (Mo. banc 2008)]. Sandra owns an automobile, but does not have a driving license, whereas her nephew, Sam, does. So when Sandra needs to go to a meeting she recruits Sam to drive her. On the way to her meeting Sam rear ended a fire truck that was partially parked in his lane with its emergency lights on. 
The suit claimed that the City of Chicago and its two officers violated the children's right to substantive due process under the 14th Amendment to the U.S. Constitution. The issue before the court was whether an 
Joshua Flax was in the back seat of the minivan when it was rear-ended. The impact caused the front seat to collapse and its passenger to strike Joshua in the head, fracturing his skull. No other passengers were seriously injured and all parties agreed that Joshua was only fatally injured because of the 
Recently NHTSA came to Congress with a proposal for increasing the weight ratio to 2.5. The minimal increase has drawn a lot of controversy with its opponents calling the increase ineffective. In 2007, over 10,000 people died in rollover crashes. In Illinois there were over 5,000 rollover accidents in just 2006. Yet the NHTSA estimates that its proposed increase would only result in 13 to 44 fewer rollover fatalities a year. 
