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Verdicts & Settlements: Motor Vehicle Liability

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Trucking entities settle with siblings injured during police chase with intoxicated driver

February 6, 2020

Truck driver Willie Jackson was driving a tractor-trailer through the state of Indiana when he allegedly hit two police cars and several parked cars. He evaded police and drove into Illinois, where he struck the passenger side of a vehicle carrying siblings Donald Consentino, 59, and Linda Tomacelli, 66.

Consentino, who had undergone a cervical fusion a month before the collision, suffered aggravation of his neck injuries, which resulted in nerve damage and necessitated another cervical fusion. Tomacelli suffered a cervical fracture, broken ribs, and a left knee injury. She also underwent spinal fusion surgery. Both now suffer from pain and mobility issues.

Consentino and Tomacelli sued Jackson; U.S. RoadRunners LLC, which leased the truck; and trucking entities Paramount Distribution LLC, Personal Attention Leasing LLC, Milestone Trailer Leasing LLC, Alliance Creative Group Inc., and Primary Trucking, alleging liability for the incident. The plaintiffs claimed that Jackson had been driving under the influence of cocaine and that the trucking entities failed to drug test Jackson before allowing him to operate the tractor-trailer. Suit alleged damages under both agency and in-concert legal theories. The plaintiffs did not claim lost income or medical expenses.

The trucking defendants denied liability and asserted that Jackson was not their employee.

The parties settled for $6.2 million.

Citation: Consentino v. US Roadrunners LLC, No. 17 L 285 (Ill. Cir Ct. Cook Cty. Nov. 19, 2019).

Plaintiff counsel: Daniel H. Streckert and Joseph P. Sorce, both of Chicago.

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