February
11, 2002
COOK
COUNTY JURY AWARDS $54 MILLION IN ILLINOIS CENTRAL CROSSING
ACCIDENT
A
Cook County jury late Friday awarded three members of a
west suburban family more than $54 million for brain injuries
that each suffered after their car was struck by an Illinois
Central freight train in Bloomingdale last January. The
injured family members were Fidel Velarde, 73, and his wife,
Francisca Velarde, 72, and their daughter, Lilia Apulello,
40, who was the driver of the car. Each of the family members
suffered traumatic brain injuries as a result of their Ford
Explorer being struck by an eight-million pound freight
train that crossed Army Trail Road on January 9, 2001.
Subsequent
investigation of the crash revealed that the crossing's
lights and gates hadn't been operational for a two-week
period of time. The Illinois Central admitted at trial that
a dispatcher from its Homewood, Illinois Network Operations
Center had mistakenly told the train's crew that the crossing
had been repaired, leading to the freight train passing
through the unprotected crossing at 50 m.p.h.
Two
Chicago law firms represented the family at trial. Mr. and
Mrs. Velarde were represented by Timothy J. Cavanagh and
Matthew Rundio of Lloyd & Cavanagh. Together, the two
Velardes were awarded $21,310,406.00 by the jury. Terrence
J. Lavin and John L. Nisivaco, of Lavin & Nisivaco,
represented Mrs. Apulello and her husband Rafael, who were
awarded $34,405,000. This is believed to be the largest
railroad crossing verdict in Illinois history.
The
two-week trial was held in front of Circuit Court Judge
Leonard L. Levin. Evidence at the trial revealed that each
of the three occupants of the Explorer suffered severe,
permanent brain damage that has left each in a debilitated
state. The jury found Illinois Central 60% liable and found
that the crew of the train, employed by Chicago Central
& Pacific Railroad was 35% liable. The remainder, 5%,
was charged to Lilia Apulello.
A
PRESS CONFERENCE WILL BE HELD ON MONDAY, FEBRUARY 11 AT
NOON AT 200 W. MADISON, SECOND FLOOR CONFERENCE ROOM. ALL
TRIAL EXHIBITS, INCLUDING THE AUDIOTAPE WITH THE DISPATCHER'S
ERROR, WILL BE AVAILABLE. LAWYERS FOR BOTH FAMILIES WILL
BE AVAILABLE FOR QUESTIONS.
Mr.
Cavanagh, lead counsel for the Velardes, said: "This
verdict will send a message to the railroad industry that
its policies and procedures must be followed at all costs.
More importantly, the verdict will enable Mr. and Mrs. Velarde
to seek optimal medical care to improve the quality of their
lives."
Mr.
Lavin, lead counsel for Rafael and Lilia Apulello, said
the jury's verdict "reflects the community's value
of the dignity of human life. Lily Apulello is a shell of
her former self because of the mistakes of these railroads.
The money won't bring her back, but it will allow her to
finance her lengthy rehabilitation."
This
crossing accident was eerily similar to one handled earlier
by Mr. Cavanagh. On March 9, 1998, the same IC dispatch
office failed to alert train crews of a non-operational
crossing gate only a mile from the Army Trail crossing where
the Velardes and Mrs. Apulello were injured. In that case,
Hanifa Ajmeri received more than $9 million in September,
2000, just three months before the Army Trail crash.
"These
railroads seem to have a lax attitude about the safety of
the motoring public," said Cavanagh. "Our clients
only hope that they are the last people who suffer because
of the railroads' failure to properly maintain its crossings,"
he added.
