Representative Cases
Czapski v. Maher
Verdict: $13,720,007.98
Offer: $1.9 million
On April 20, 2009, Tim Cavanagh obtained a $13.7 million verdict on behalf of the Estate of Roger Czapski against Christopher Maher arising from a deadly automobile crash. After a two week long trial and 3 hours of deliberation, the jury returned the verdict finding Maher was 98% responsible for the wrongful death of Czapski.
On August 4, 2004, Czapski, age 22, was a salesman for Motor Werks of Barrington, Inc. That afternoon, Maher, a 20 year old from Inverness, Illinois, took a BMW 530i on a test drive, with Czapski riding as the front seat passenger and Maher's two friends seated in the back seat. The BMW violently collided with a left turning vehicle at the intersection of Algonquin Road and Willow Creek Church Drive. The BMW then ricocheted into a light post and exploded on impact.
At trial, witnesses to the collision, including the two back seat passengers in the BMW, testified that the BMW was traveling at 95 mph at the time of impact. The posted speed limit on Algonquin Road is 45 mph. Czapski was pronounced dead at the scene.
Czapski is survived by his father, mother and brother. At the time of his death, Czapski was living in Crystal Lake, Illinois. He graduated from Lane Tech College Preparatory High School in Chicago, Illinois on the honor roll and attended the University of Illinois at Champaign-Urbana for a brief time. He worked as a Motor Werks salesman for approximately 18 months before his death.
Santillana v. City of Chicago and Jesus Gomez
Verdict: $2,005,798
Offer: None
On December 12, 2003, Cook County Circuit Court Jury awarded Elizabeth Santillana $2 million in a hotly disputed wrongful death case. The case arose out of a "police pursuit" on July 18, 2000 that resulted in Dalia Santillana's death when her vehicle was struck by a car driven by a man fleeing a Chicago Police Department squad car engaged in a "police pursuit." Evidence was presented that the police officers "rammed" the Gomez vehicle causing it to lose control and cross the center line. City of Chicago rules on "police pursuits" outlined in General Order 97-3 specifically prohibit "ramming" by squad cars. A Cook County jury rejected the City of Chicago's position that it was not engaged in the pursuit at the time of the fatal collision. Because the City was found 25% at fault, it is responsible for the entire verdict amount. The City declined to make a settlement offer prior to trial.
Webb v. Dikcis Cab Company
Verdict: $586,000
Offer: None
The case arose from a two vehicle collision in which an uninsured drunk driver ran a red light and struck a cab in which the plaintiff was a passenger. Webb suffered a spinal cord injury resulting in his death. Webb, who had AIDS, had only months to live. The jury found the cab company twenty-five percent responsible for its driver's decision to pull into the intersection without observing the approaching speeding car. The jury verdict resulted in joint and several liability against the cab company
Velarde v. Illinois Central Railroad Co., et. al.
Total Verdict: $55,715,406.65
Verdict for Passengers: $21,310,406.65
On February 8, 2002, after a two week trial, Timothy J. Cavanagh received a record verdict in Cook County Circuit Court on behalf of his clients, Fidel and Francisca Velarde. They were awarded a total of $21,310,406.65 for injuries suffered in a January 9, 2001 car/train collision. Fidel, age 73, and Francisca, age 73, were passengers of an SUV struck by an 8 million pound train at 50 miles per hour. The crossing gates and lights were not working and the dispatcher erroneously told the train crew that the crossing was protected. The plaintiffs suffered traumatic brain injuries in the collision. The total award to the Velardes and their daughter, who was the driver of the car, totaled over $55 million--a state record in Illinois for a railroad crossing collision case. The trial of the lawsuit was expedited at the request of plaintiffs' counsel due to the Velardes' age.
Ajmeri v. Illinois Central Railroad Co., et al.
Settlement: $9,100,000
On September 21, 2000, Hanifa Ajmeri of Carol Stream settled her personal injury case for $9.1 million. Hanifa Ajmeri was severely injured in March, 1998 after the car she was riding in collided with a train in DuPage County. Ms. Ajmeri was left with nerve and mild brain damage.
The case stemmed from an accident in Bloomingdale, Illinois, when a car that carried Ajmeri was hit by a train owned by the Illinois Central Railroad Co. At the time of the accident, the train was operated by Chicago Central and Pacific Railroad Co.
According to her attorney, Timothy J. Cavanagh, railroad crossing lights were not visible at the time of the accident due to blizzard-like weather conditions, and the crossing gate for the southbound traffic had been knocked down.
The settlement was reached while counsel was picking a jury. The trial was slated to begin that same afternoon.
Police Officer v. Intergovernmental Risk Management Agency
Award: $5,758,495
Offer: $2,000,000
A twenty-eight year old female Mundelein police officer was pinned between a limousine and her squad car when a limousine driver rear-ended plaintiff's squad car. Plaintiff suffered a near traumatic amputation of her right leg above the knee, multiple fractures of her left leg and the loss of her unborn fetus weeks later. The award is the highest reported uninsured motorist award in Illinois history.
Cottrell v. State Farm Automobile Insurance Company
$1,200,000
Seventeen year old high school honor student killed in one-vehicle crash in McHenry County, Illinois. The case settled for the full amount of the insurance policies available on the vehicle after State Farm Automobile Insurance Company was sued for spoliation of evidence.
Imhof v. Loyola University Medical Center
$1,450,000
This wrongful death case arises after a man was brought to Loyola for burn injuries but died when the doctors failed to treat him correctly.
Koning v. Morris
$1,000,000
A man drove his Jaguar into a Starbucks Coffee shop striking a table occupied by two women. One of the women suffered neck and shoulder injuries.
Brown v. Seaberry
$1,000,000
A truck crossed the center line crashing into vehicle driven by a young man who suffered traumatic injuries to his left arm.
DeJule v. Solberg
$1,000,000
A young man suffered neck injury in car crash leading to cervical fusion surgery.
Shafer v. Wolin-Levin
$3,000,000
A 32 year old woman suffered an electrical shock in her kitchen because the landlord improperly wired an electrical outlet. The woman developed four level complex regional pain syndrome resulting in a surgery implanting a pain device in her back. The case settled on the eve of trial for $3 million.
Vlachos v. Hungerford, et al.,
$14,000,000
The family of a 5-year-old Chicago boy was awarded $14 million in a settlement after he suffered a severe brain injury during birth after hospital staff members allegedly mixed up his heart rate with his mother's pulse. The malpractice complaint against Northwestern Memorial Hospital contended the baby was not breathing when he was born and that emergency staffers were not prepared to resuscitate him because of the monitoring error. The 7-minute lapse without oxygen caused the child to suffer from cerebral palsy, leaving his arms and legs paralyzed, according to the complaint.
Barnes v. Berry Electric Contracting Company, Inc., et al.,
$4,100,000
A seventy year old grandmother was driving to the store when her vehicle was broadsided by a truck driven by an employee of Dennis Svec, an employee of Berry Electric. Svec was lost and looking at his Blackberry device when his vehicle entered the intersection. Witnesses testified that Svec ran the red light although one witness disagreed. Mrs. Barnes suffered multiple traumatic injuries including a C4-5 distraction injury and dura tears requiring anterior and posterior fusion surgeries, multiple pelvic fractures requiring external fixation surgery, punctured heart, rib fractures, closed head injury and cranial nerve palsy. The case settled immediately before opening statements one year to the day of the crash. The case was advanced to trial after Mr. Cavanagh took over 30 depositions in twelve months.
Munoz v. Mack Trucks, et al.,
$3,000,000
A thirty-two year old employee at Waste Management suffered amputation of leg below the knee after his leg was caught in between the arm and cab of a dump truck. A product liability lawsuit was filed alleging that the truck was designed defectively because the pinch point was not protected.
Hopkins v. Westlake Hospital
$7,500,000
A forty-two year old mother of three presented at emergency room with chest pain. The hospital staff failed to provide an EKG immediately and provided a drug that sped up the heart. Plaintiff suffered a myocardial infarction and suffered brain damage.
Taylor v. Salvation Army
$4,500,000
In October, 2003, Mr. Cavanagh obtained a $4.5 Million wrongful death settlement for the family of a woman killed in a collision between a van and a semi tractor-trailer. The case settled immediately prior to jury selection after lengthy discovery.
McGill v. G.G. Connections, Inc.
$1,000,000
Mother and son were killed in a two-vehicle collision when a truck driver ran a red light. The case settled for the full limits of the trucking companies' insurance policy.
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