Jury Validates Trucker’s Three-Year Battle for Justice
Thursday, October 6th 2005
Jury Validates Trucker’s Three-Year Battle for Justice with $2M Verdict
A Cook County jury of twelve awarded $2,031,513 (August 2005) to a 48-year old man from Teamsters 705 for an injury that ended his career as a truck driver. Four years ago, a forklift operator for Albertson’s clipped a stack of pallets which struck the man, severely and permanently injuring his right knee.
“This case should have settled 2 years ago”
After three and a half years of litigation, and just a week before the trial date, the Defendant, Albertson's, admitted liability and offered a settlement of $250,000, but the offer was rejected by the Plaintiff in favor of a jury trial.
Clifford Horwitz and Jay Luchsinger of the personal injury firm, Horwitz, Horwitz and Associates. Ltd, tried the case on behalf of the teamster. “This case should have settled 2 years ago”, according to Horwitz, “but Albertson’s attitude was ‘I am sorry, but don’t ask me to pay. Justice finally prevailed however”
During the trial, which began on August 5th through the 12th, Albertson’s claimed that the injuries to the Plaintiff’s knee were minimal (mostly bruising) and that he suffered from a pre-existing condition called Chondromalacia, which according to their expert witness, Dr. Hutchinson, could be improved with physical therapy. However, during a three hour cross examination of the defendant's expert, Horwitz demonstrated that the condition was started by the accident and lead to a vicious cycle of knee problems and thigh weakness that was incurable.
Defense attorneys for Albertson’s also claimed that because the Plaintiff now had his own business and had increased his revenues in just a few years, Plaintiff was doing well, therefore minimizing his losses.
“The Teamsters out of local 705 provide a good living for its members, as well as an excellent pension and medical benefits” Due to this, our client made a substantial living before the accident. This has been taken away from him. Without the union, his wages and benefits drop dramatically. The Jury recognized that and provided reasonable compensation for his financial losses.
A Representative from 705 testified regarding their resilience in the trucking industry. “What disturbed me during the trial was that Albertson’s defense, in my opinion, was to simply ignore the evidence and call the Plaintiff names. The Jury was too intelligent for that.” said Horwitz.
Clifford Horwitz can be reached for comments at: (312) 372 – 8822, or email