FOR IMMEDIATE RELEASE – Chicago Press
Contact: Terrence M. Quinn and Alec D. Mesrobian – Phillips Law Offices
Phone: (312) 346-4262
Emails:
[email protected] |
[email protected]
For a broader overview, you can also review our Illinois car accident injury attorneys page.
Cook County Jury Returns $1.965 Million Verdict in Police Vehicle Collision Case
Phillips Law Offices Secures Substantial Award Despite City’s Contested Liability Defense
CHICAGO – A Cook County jury awarded $1,965,000.00 to two plaintiffs after finding a Chicago police officer willfully and wantonly collided with their vehicle on November 5, 2022, in the Humboldt Park area.
Incident & Case Background
The collision occurred during an emergency police response to a reportedly stolen car. Following a vehicle pursuit, four suspects fled on foot into a nearby alley. While responding officers detained two suspects, others searched for the remaining two suspects.
A police officer patrolling the 5100 block of West LeMoyne Street saw a suspect running through an adjacent alley. The officer stopped his vehicle and abruptly reversed toward the alley at a fast speed, striking plaintiffs’ vehicle, which had been following behind and had come to a complete stop.
The officer testified he did not know plaintiffs’ vehicle was behind him and did not recall if he checked his mirrors before reversing.
Both plaintiffs claimed to have sustained herniated disc back injuries requiring medical treatment. One plaintiff lost the overwhelming majority of his sense of smell after striking his face on an airbag.
Plaintiffs filed claims alleging negligence and willful and wanton conduct.
Defense & Trial Proceedings
The City of Chicago denied negligence and willful and wanton conduct. The City raised affirmative defenses based on local governmental immunities, including immunity for acts or omissions in the execution of any law under 745 ILCS 10/2-202.
The City also asserted comparative negligence against the plaintiff-driver, claiming he contributed to causing his own injuries, and filed a counterclaim against the plaintiff-driver for his contributory negligence in causing the plaintiff-passenger’s injuries.
At trial, the City argued the circumstances of the police activity showed its officer was executing and enforcing the law at the time of the collision, which would require a finding of willful and wanton conduct to establish liability.
The City also disputed the nature and extent of the plaintiffs’ claimed back injuries, contending they related to pre-existing spinal degeneration.
Attorney Statements:
“Rather than accepting responsibility for wrongful conduct that was clearly captured on video, the City chose to argue the Plaintiff was at fault for not avoiding the police car backing abruptly and chose to attack our clients’ credibility,” said Terrence M. Quinn, counsel for the plaintiffs. “The jury saw through both tactics.”
One plaintiff, who had claimed permanent loss of sense of smell, testified that he regained only limited sense of smell in the year before trial.
“The jury’s award shows it understood that both young men’s quality of life has been affected,” said Alec D. Mesrobian, co-counsel for plaintiffs, “despite the defense’s attempt at minimizing their injuries.”
Verdict & Award
Special interrogatories were submitted to the jury asking whether the officer was executing and enforcing the law at the time of the collision and whether his conduct was willful and wanton. The jury answered both questions in the affirmative.
The jury awarded $1,965,000.00, which encompassed past and future pain and suffering, loss of normal life, and emotional distress.
About Phillips Law Offices:
Phillips Law Offices represents victims of personal injury, medical malpractice, construction injury, automobile, and trucking negligence.
For more information about this case or other legal matters, contact:
Terrence Quinn – (312) 420-8672