Patton & Ryan

Gregory Gingrich v. Jack Grey Transport, Inc., et al.

John W. Patton recently achieved a highly favorable settlement on behalf of our clients Jack Gray Transport Inc., Four Star Asphalt Inc., and Sebastian Roszkowski in this action. On July 19, 2000 Sebastian Roszkowski was traveling westbound on 55th Street in the Village of McCook, Illinois at its intersection with a strip mall drive. The intersection of 55th Street and the strip mall drive is a T intersection. The plaintiff, Gregory Gingrich, was traveling eastbound on 55th Street turning left into the strip mall drive. Shortly after turning left plaintiff’s vehicle was struck broadside by Roszkowski’s vehicle. As a result of the accident, plaintiff suffered various  injuries, including a brain injury.

The plaintiff claimed that the plaintiff had a green light upon entering the intersection and was making a left turn into the strip mall on a yellow light when Roszkowski’s truck ran a red light for westbound 55th Street. The plaintiff claimed that Roszkowski was negligent in the operation of his vehicle and as a result of this negligence the plaintiff was injured. The plaintiff also willful and wanton entrustment of the vehicle to Roszkowski by Jack Transport, Inc. and Four Star Asphalt, Inc.

Mediation in this matter was held before Judge Donald O’Connell on September 20, 2004. At that time, the plaintiff’s demand started at $6 million and by the end of mediation plaintiff’s demand was $4.75 million. After the mediation conference, defendants offered $1.5 million. No resolution was reached at the time, and Patton & Ryan geared up for trial. The case settled at trial, due in large part to aggressive motion practice by Patton & Ryan. John Patton was able to successfully argue that the plaintiff’s prior chronic alcohol use, which was well documented in his family physician’s records, was relevant to and may have caused or exacerbated the injuries plaintiff suffered as a result of the accident. Plaintiff agreed to settle the case for $2.2 million; nearly a third of his original demand.

Patton & Ryan and its clients were extremely pleased with the result. Given the fact that the plaintiff had suffered a brain injury, a potential jury award could have exceeded $5 million particularly since the plaintiff was prepared to present witnesses who would testify that Roszkowski ran a red light. Patton & Ryan reached a settlement that was well below projected settlement values for a case of this magnitude.