October
22 , 2003
LLOYD
& CAVANAGH OBTAINS $4.5 MILLION SETTLEMENT IN WRONGFUL
DEATH CASE
On Friday, October 17, 2003, Timothy J. Cavanagh and Kurt
D. Lloyd of Lloyd & Cavanagh settled a wrongful death
case for $4.5 Million. The case arose out of the January
26, 2001 Salvation Army van crash that killed 10 passengers
and the driver. Jill Henry, age 49, was one of 11 people
killed when the Salvation Army van in which she was a passenger
crossed the center median of I55 and collided with an oncoming
tractor trailer. The van was en route to two downstate correctional
facilities.
Mrs.
Henry, who was divorced, was survived by her two adult children,
Carmen Taylor, age 31, and Michael Taylor, age 33. The settlement
was reached before Judge Donald M. Devlin. Judge Devlin
had spent nearly two weeks ruling on Motions in Limine when
the settlement was reached. Of significance, Judge Devlin
ruled that the Salvation Army was a "common carrier"
in the case. That ruling entitled the plaintiffs to a presumption
of negligence against the Salvation Army. Mr. Cavanagh stated:
"The ruling was significant. In addition, we were prepared
to call numerous witnesses who would have testified that
the vehicle was travelling too fast for conditions."
Fred
E. Schulz of Wildman, Harrold, Allen & Dixon represented
the Salvation Army and the Estate of the Garneal Matthews,
the driver. Manuel Sanchez and Paige C. Donaldson of Sanchez
& Daniels and Brian W. Bell and Arthur J. Reliford,
Jr. of Swanson, Martin & Bell represented Daimler-Chrysler
Corp. The case is entitled Michael Taylor, Special Administrator
of the Estate of Jill Henry v. The Salvation Army, et. al.,
No. 01 L 1747.
