Family
receives $54 million in crash settlement
(As
reported in the Daily Herald, Monday, February
11, 2002)
By Beth Sneller
Daily Herald Staff Writer
A
Carol Stream family was awarded more than $54 million for
severe injuries suffered when their car was struck by a
train a year ago.
After
deliberating about four hours, a Cook County jury on Friday
ordered the Canadian National/Illinois Central Railroad
to pay Fidel and Francisca Velarde $21.3 million. The jury
awarded their daughter,
Lilia Apulello, and her husband, Rafael, $34.4 million.
Both
Apulello and her parents suffered severe brain injuries
when their car was struck by a train Jan. 9, 2001, at the
Army Trail Road railroad crossing in Bloomingdale, just
west of Gary Avenue.
The
warning gates were not working properly, the railroad company
admitted in court. It had issued a warning to train crews
to stop before going through the crossing, but the crew
of the train involved
in the accident was incorrectly told the warning had been
rescinded, according to testimony.
Though
the company accepted responsibility for the accident, railroad
attorney John Kelly said Apulello, who was driving the car,
could have avoided the accident if she had paid more attention
to her surroundings.
Tim
Cavanagh, the Velardes' attorney, said he was pleased with
the verdict but wasn't surprised.
"It
was pretty clear from the start that the railroad made a
mistake," he said. "The jury obviously understood
and appreciated the impact of the injuries."
