Congratulations to Chicago-based Partner Joseph P. DiPino on obtaining a favorable outcome for his insurance carrier client in the Circuit Court of Cook County. This case arose from a fatal collision involving a motorcycle rider, who claimed he had a green light while travelling southbound on Harlem at Bryn Mawr in Chicago on September 29, 2021. Our client was operating a vehicle northbound on Harlem in the left turn lane, intending to turn west onto Bryn Mawr and contended she had a green left turn arrow.

The deceased’s estate, acting on behalf of his minor children under Illinois Wrongful Death and Survival Action statutes, sought compensation. Seventeen witnesses testified about the event, including members of the Major Accident Investigation Unit of the Chicago Police Department. No video recording of the accident existed, and witness statements conflicted regarding which driver had a green light. Both sides engaged engineers to reconstruct the incident, focusing on the speeds and sight lines of those involved based on physical evidence; however, neither could conclusively determine the color of each driver’s traffic light.

The presiding judge ruled on 42 motions in limine and objections at six video evidence depositions. Counsel for the plaintiff demanded more than $1 million and maintained there was no viable defense, indicating an intent to pursue excess claims against the insureds and bad faith allegations against our client if settlement was not reached following the judge’s rulings.

The court generally ruled in favor of the defense, and ultimately, opposing counsel accepted an offer of less than one-tenth of the demand just prior to jury selection.