$5.2 Million Federal Verdict for Couple Injured When New Prime Truck Driver Lost Control on I-57
Won by Horwitz, Horwitz & Associates.
A Chicago federal jury awarded Matthew Burdick and Jamie Pinkstaff-Burdick more than $5.2 million after a New Prime Inc. Freightliner truck driver failed to slow down in wet conditions on Interstate 57 near Effingham, Illinois, and crashed into their vehicle, finding the trucking company 100 percent at fault.
What happened
On January 20, 2012, Matthew Burdick and Jamie Pinkstaff-Burdick were traveling southbound on Interstate 57 near Effingham, Illinois, when traffic ahead slowed to a standstill because of a separate highway incident. Their car stopped with traffic. A New Prime Inc. Freightliner hauling a load of vegetable oil came around a bend at highway speed. The driver, Brian Stapler, did not reduce his speed for the wet road conditions. The truck left the roadway and struck the couple's vehicle.
Both Matthew and Jamie sustained back injuries. Their medical needs extended well beyond the initial hospital care, producing separate tracks of past and projected future treatment costs that the firm documented through expert testimony at trial. Matthew's injuries were more severe, with the damages award reflecting a substantially larger disruption to his daily functioning and a longer horizon of future care.
The couple filed suit against New Prime Inc. in federal court in 2014. The core theory was straightforward: Stapler had a clear duty to manage his speed for conditions, he did not, and New Prime bore responsibility for its driver's conduct. Defense counsel contested the fault allocation and the extent of the injuries.
Michael T. Wierzbicki and Thomas A. Kelliher of Horwitz, Horwitz and Associates tried the case for the plaintiffs. After approximately one week of trial, a Chicago federal jury returned its verdict on January 24, 2017. The jury found New Prime 100 percent at fault and assessed no comparative negligence against the couple.
The jury awarded Matthew Burdick $3,842,555, covering past and future pain and suffering, past and future loss of normal life, and past and future medical expenses. Jamie Pinkstaff-Burdick received $1,350,053 under the same categories. The combined total came to $5,192,609. The verdict ranked 22nd among the top 50 civil verdicts in Illinois for 2017.
Sources
This account is drawn from contemporaneous public reporting and the court record.
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