Velarde v. Illinois Central Railroad Co., et. al.    Article Available
Total Verdict: $55,715,406.65
Verdict for Passengers: $21,310,406.65

On February 8, 2002, after a two week trial, Timothy J. Cavanagh received a record verdict in Cook County Circuit Court on behalf of his clients, Fidel and Francisca Velarde. They were awarded a total of $21,310,406.65 for injuries suffered in a January 9, 2001 car/train collision. Fidel, age 73, and Francisca, age 73, were passengers of an SUV struck by an 8 million pound train at 50 miles per hour. The crossing gates and lights were not working and the dispatcher erroneously told the train crew that the crossing was protected. The plaintiffs suffered traumatic brain injuries in the collision. The total award to the Velardes and their daughter, who was the driver of the car, totaled over $55 million--a state record in Illinois for a railroad crossing collision case. The trial of the lawsuit was expedited at the request of plaintiffs' counsel due to the Velardes' age.

Donald R. Hallsten, Jr. v. City of Chicago         Article Available
Settlement: $4,350,000

On November 28, 2000, Donald R. Hallsten, Jr. settled his personal injury case for $4.35 million.

Hallsten was cycling near Loyola University's School of Law four years ago as he approached Dearborn and Delaware, where Kenny Construction Co. was building a high-rise. The city had allowed the construction company to erect a canopy, creating a blind spot. He was struck by a cab and was paralyzed from the waist down.

This is the first successful suit by a bicyclist since the Illinois Supreme Court ruled two years ago that bicyclists cannot sue cities or local governments for bike accidents caused by road conditions because cars and pedestrians - not bikes - are the intended users of city streets. Courts have previously rejected suits by bicyclists against Chicago, even though city ordinance prohibits adults riding on sidewalks.

Kurt D. Lloyd, Hallsten's attorney, was able to show that because the city posted 'bicycle route' signs on Dearborn that they intended bicyclists to use these roads more so than other roads.

Hallsten, who now uses a wheelchair, handles labor and employment cases for the State's Attorney's office. His injury did not end his career or his ability to make court appearances, but, he said: "It certainly has slowed things down and limited the amount of work I can do."

Ajmeri v. Illinois Central Railroad Co., et al.         Article Available
Settlement: $9,100,000

On September 21, 2000, Hanifa Ajmeri of Carol Stream settled her personal injury case for $9.1 million. Hanifa Ajmeri was severely injured in March, 1998 after the car she was riding in collided with a train in DuPage County. Ms. Ajmeri was left with nerve and mild brain damage.

The case stemmed from an accident in Bloomingdale, Illinois, when a car that carried Ajmeri was hit by a train owned by the Illinois Central Railroad Co. At the time of the accident, the train was operated by Chicago Central and Pacific Railroad Co.

According to her attorney, Timothy J. Cavanagh, railroad crossing lights were not visible at the time of the accident due to blizzard-like weather conditions, and the crossing gate for the southbound traffic had been knocked down.

The settlement was reached while counsel was picking a jury. The trial was slated to begin that same afternoon.

Alexander Wohn, Special Administrator of the Estate of Miriam Roman v. Cruz Roman
Award: $20,000,000

On May 11, 2000, Cook County Circuit Court Judge Maureen Durkin Roy entered a $20,000,000 judgment obtained in a wrongful death case.

Lloyd & Cavanagh partner Timothy J. Cavanagh represented the estate of Miriam Roman, who was killed in February 1998 by her estranged husband. Miriam was survived by her four minor children.

Cavanagh stated, "We were pleased that the court understood the wonderful relationship between Miriam and her children and entered the judgment of a significant but fair sum of money - 20 million dollars. The case was able to be resolved within 25 months of the filling of the suit."

American National Bank as guardian of Anthony Thomas,a minor v.
Antony, MD and Upadhyaya, MD,         Article Available
Verdict $9,697,000
Offer 200,000

The minor plaintiff’s mother was a member of Chicago HMO, a managed care insurance company which was owned by United Healthcare, and became pregnant with plaintiff Anthony. During the pregnancy, the mother developed gestational diabetes, a common complication which requires weekly fetal monitoring, twice weekly blood sugar testing and delivery by forty weeks. Instead, Dr. Upadhyaya who was the obstetrician chose to test blood sugars every other week and allowed the pregnancy to progress to forty-one weeks. When plaintiff’s mother was admitted to the hospital, Anthony was in fetal distress and, despite emergency cesarean section, he was born brain damaged.

Dr. Antony who was the primary care physician was required to review and approve the care plan under the HMO guidelines. Despite abnormally elevated blood sugars, the absence of fetal monitoring and the lack of a plan to admit the mother to the hospital by forty weeks, Dr. Antony did not discuss the obstetrical care with Dr. Upadydya.

This case represents the first Illinois jury verdict to hold the primary care physician responsible for the overall care of the patient. Dr. Upadhyaya settled by paying her full insurance policy limits immediately prior to trial.

Roy v. Intergovernmental Risk Management Agency  Article Available
Award: $5,758,495
Offer: $2,000,000

A twenty-eight year old female Mundelein police officer was pinned between a limousine and her squad car when a limousine driver rear-ended plaintiff's squad car. Plaintiff suffered a near traumatic amputation of her right leg above the knee, multiple fractures of her left leg and the loss of her unborn fetus weeks later. The award is the highest reported uninsured motorist award in Illinois history.

Estate of Baierle v. Matviuw, MD,
$1,200,000

The plaintiff sued for the wrongful death of his wife, a forty-one year old homemaker and mother of a seven year old daughter, alleging that she died because Dr. William Matviuw, a gynecologist, did not recommend that she obtain a baseline screening mammogram before her fortieth birthday. In February, l992, the patient saw Dr. Matviuw for a routine check-up and her breast examination was negative. In September, l992, she saw an internist for heartburn who ordered a mammogram which detected a 3.0 cm malignant breast mass. Despite a radical mastectomy which revealed four positive lymph nodes, she died in October, 1993.

The plaintiff argued that a baseline screening mammogram at age forty would have likely detected her asymptomatic breast cancer one to two years earlier, when she could have been cured with treatment.

Cottrell v. State Farm Automobile Insurance Company   Article Available
$1,200,000

Seventeen year old high school honor student killed in one-vehicle crash in McHenry County, Illinois. The case settled for the full amount of the insurance policies available on the vehicle after State Farm Automobile Insurance Company was sued for spoliation of evidence.

For additional cases, please review the Curriculum Vitae
of each of the partners:

Kurt D. Lloyd

Timothy J. Cavanagh