|Style of Case: Richard L. Turner & Sandra M. Smith v. Prairie Central Wood Products & Edward Wenger
Client: Prairie Central Wood Products, & Edward Wenger
Trial End Date: 3/16/2007
Court: Third Judicial Circuit Court, Madison County, Illinois
Type of Case: Trucking Accident; Lumbar Surgery; Cubital Tunnel
Judge: The Honorable Nicholas Byron
Reed Armstrong Lawyer who tried the case: Roy D. Anderson and Dominique N. Seymoure
Plaintiffs were northbound on Interstate 55 near mile post 82 when tandem tires from a tractor trailer owned by Mr. Edward Wenger and leased by Prairie Central Wood Products separated from the trailer, crossed the median and struck plaintiffs' car. At trial, opposing counsel asked the jury to award $270,479.22 for Richard Turner for past and future medical treatment and past and future pain and suffering. The plea for Sandra Smith was for $754,302.08 for past and future medical treatment, lost wages/earnings capacity and past and future pain and suffering. Mr. Turner had cubital tunnel surgery. Ms. Smith had lumbar surgery. Last Demand: $125,000 for Richard Turner; $300,000 for Sandra Smith.
Defendants disputed negligence pointing out that an unnamed party to the lawsuit provided the last comprehensive maintenance to the axle assembly, and that defendants exercised reasonable care inspecting and maintaining the trailer. Whether defendants' driver had any prior notice of impending mechanical failure was in dispute at trial. Defendants made causation and nature and extent arguments against both plaintiffs' alleged injuries.
The jury deliberated 10 hours returning a verdict at 11:00 p.m. in favor of Ms. Smith in the amounts of $40,145.42 for past medical expenses and $2,500.00 for past pain and suffering for a total award of $42,645.42.
The jury returned a verdict in favor of Mr. Turner and awarded sums for past medical expenses in the amount of $25,271.31, future medical expenses of $45,598.00 and $2,500.00 for past pain and suffering for a sum total of $73,369.31.
The case settled on Plaintiffs post-trial motion for a new trial for $130,000 ($82,180.03 for Richard Turner; $47,819.97 for Sandra Smith).
Verdict: For plaintiff Sandra Smith: $42,645.42
For plaintiff Richard Turner: $73,369.31