Vol. 58 No. 9

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

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Failure to maintain control over vehicle

September 2022

William Lief, 24, was walking on a sidewalk along a roadway when Brian Cole—operating a vehicle for Aspen Service Construction—became drowsy and drifted onto the sidewalk, striking him. Lief suffered a fractured left ulna, necessitating two surgeries and physical therapy. He experienced pain and arm weakness for several years after the incident and was unable to work.

Lief sued Cole and Aspen Service Construction, alleging negligence. The plaintiff asserted that Cole improperly drove onto a pedestrian sidewalk, failed to maintain control over the vehicle, and failed to maintain a proper lookout. The plaintiff did not claim lost income or medical expenses.

The jury awarded $3.73 million.

Citation: Lief v. Cole, No. 18 L 8461 (Ill. Cir. Ct. Cook Cty. Feb. 24, 2022).

Plaintiff counsel: AAJ members Patrick A. Salvi II, Heidi L. Wickstrom, and Michael J. Schostok, all of Chicago.