Trial Magazine

Paul Murtagh, a diabetic, was driving his pickup truck to a conference as an employee of Prairie State College when he blacked out due to low blood sugar. His car ran a red light at high speed, and he collided with two other vehicles.

Tien Chen, 81, who was in one of the vehicles, suffered fatal injuries. He is survived by his six adult children. Annette Kimmons, 51, was traveling in the second vehicle with her husband. Kimmons suffered a joint dislocation at C1-2, necessitating fusion surgery, and was diagnosed with post-traumatic stress disorder.

Kimmons incurred approximately $400,000 in medical expenses and cannot return to her job as a hairdresser earning approximately $30,000 annually. Her husband was taken to a hospital emergency room and incurred $16,000 in medical expenses.

Chen’s son and Kimmons sued Murtagh and Prairie State College, alleging liability for Murtagh’s negligent failure to check his blood sugar before driving, in contravention of his doctor’s orders. Murtagh asserted the act of God defense.

The parties settled for $11.35 million, paid by Prairie State’s insurer. Kimmons received $8.1 million, and Chen’s representative received the remainder.

Citation: Kimmons v. Murtagh, Nos. 17 L 12761, 18 L 349 (Ill. Cir. Ct. Cook Cty. Feb. 21, 2020).

Plaintiff counsel: AAJ member Mark S. Bishop and Andrew Leutchmann, both of Naperville, Ill.; and AAJ member Kenneth Hoffman and Jay Mitchell, both of Chicago.