$11.25 millionVerdict

Jury Awards $11.25 Million to Son of Mother Killed When Company Employee Swerved Into Her Lane

Verdict · 17th Judicial Circuit Court, Winnebago County, Rockford, Illinois (No. 15 L 82, Judge J. Edward Prochaska) · 2017

After trial: The company's lawyer told the Chicago Daily Law Bulletin that it accepted the award and did not expect to file post-trial motions. We found no appeal.

Won by Salvi, Schostok & Pritchard P.C..

A Winnebago County jury awarded $11.25 million to the estate of Chamicwa Black, a 33-year-old mother killed in a February 2015 crash in Rockford when an Anderson Automotive employee swerved into her lane. The company admitted negligence about a year into the case, so the six-day trial decided damages only. The jury awarded $8 million for her young son's loss of society, $3 million for his grief and mental suffering, and $250,000 for future psychiatric care.

What happened

On February 6, 2015, Chamicwa Black, 33, was driving east on Guilford Road near Roxbury Road in Rockford, Illinois, in a 2001 Ford Taurus. An Anderson Automotive employee driving a 2004 Mazda RX8 swerved abruptly to the left, across the center line and into her lane. The cars collided in Black's lane. The Mazda's driver died at the scene. Black was taken to OSF Saint Anthony Medical Center and died there.

Black's estate sued Anderson Automotive in the 17th Judicial Circuit Court in Winnebago County in 2015, alleging that the employee made an improper left turn that caused the crash. She left behind her only child, then a young boy who was being raised by his grandmother, the estate's administrator. Patrick A. Salvi, Patrick A. Salvi II, Eirene N. Salvi and Aaron D. Boeder of Salvi, Schostok & Pritchard represented the estate.

Nothing in the record explained the swerve. Salvi told the Chicago Daily Law Bulletin that his team filed motions asking the company to admit that bad weather, a problem with the road, an animal or a medical emergency played no part. 'We went through every possible conceivable excuse other than the only thing you're left with, which is negligence,' he said. About a year into the case, Anderson Automotive admitted negligence. Its lawyer, Harvey A. Paulsen of Paulsen, Malec & Malartsik in Wheaton, said that with no animal, pedestrian or pothole to point to, admitting liability seemed the right call.

With fault conceded, the six-day trial before Judge J. Edward Prochaska in Rockford was about one question: what the loss of Chamicwa Black meant to her son. The parties had tried to settle at a mediation about two weeks before trial and did not. The jury returned its verdict on March 31, 2017.

The jury awarded $8 million for the boy's past and future loss of society, the companionship and guidance he lost with his mother. It awarded $3 million for his past and future grief, sorrow and mental suffering, and $250,000 for any psychiatric treatment he may need in the future. The three awards together came to $11.25 million.

The boy was 10 years old when the verdict came in. Salvi said his grandmother and guardian was very happy with the result, and that it meant the child would be provided for. 'It won't replace his mom, but at least it will take care of the financial burden,' he said.

Paulsen told the Law Bulletin that the company recognized the tragedy and how close Black was with her son, that it accepted the jury's award, and that it did not expect to file post-trial motions. The reports reviewed show no appeal.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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