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Simon Estrada-Varela and Maricela Varela v. DMTI

Case Conclusion Date: 03.24.2013

Practice Area: Trucking accident

Outcome: Settlement 6.99 Million

Description: $6.99 Million – Attorney John Power Settles Shipyard Truck Accident Case For 6.99 Million Settlement on Behalf of Victim Run Over by Truck in Shipyard. Cook County, IL, March 24, 2012- In a case that was resolved during trial in Cook County Circuit Court, a 46-year old man who was run over by a tractor three years ago at a Will County shipping yard will receive a $6.99 million settlement as compensation for his injuries. Mr. E-V, a truck driver, was walking across the Channahon Yard to check on his cargo when fellow truck driver M. O. began to execute a three-point turn. Mr. O., failing to notice E-V, backed his tractor over his body below the waist, resulting in fracture and crush injuries to the pelvis, legs and feet. According to E-V’s attorneys, John. M. Power, a partner at Cogan & Power P.C., and his colleague, Jon C. Papin, E-V sustained permanent injuries from the incident that include pain in the back and legs and erectile dysfunction. E-V and his wife, M. E., filed suit in Cook County Circuit Court against O. and his employer, DMTI Inc, as well as shipping yard operator Integrated Industries Corp. The lawsuit alleged that Integrated Industries failed to take proper safety measures at the shipyard and allowed it to become overcrowded with too many truck and containers, impairing safe traffic flow. The suit also alleged that O.’s actions in failing to see E-V and avoid hitting him were negligent. On March 1, the first day of trial, O. and DMTI reached a settlement with the plaintiffs for $990,000. However, the case against Integrated Industries proceeded to trial, with Cook County District Judge Donald J. Suriano presiding. After more than a week, during which the plaintiffs presented several witnesses, Integrated Industries admitted responsibility and consented to a judgment against itself, citing a newly discovered gap in insurance coverage as its reason for capitulation in the case.

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