VANDALIA, Ill. (April 29, 2024) – A Fayette County jury has awarded $12.2 million to a tractor-trailer driver who was significantly injured in a 2018 crash on I-70. The verdict is the first plaintiff’s verdict on record in Fayette County, Illinois.
On July 30, 2018, Plaintiff Jeremy Dutton was struck by a pickup truck owned and operated by Foltz Welding, LTD. The driver of the pickup truck crashed into the back of Mr. Dutton’s truck at about 30 mph, causing him to be jerked back and forth of the driver’s seat of the truck. At the time of the collision, Mr. Dutton was completing a route to Ohio.
Mr. Dutton felt pain but declined medical treatment at the scene. He completed his route in pain and returned home. Ten days later, he went to an urgent care with complaints of headaches and neck and lower back pain. He was provided medication and instructions to seek additional treatment if his symptoms worsened. Six days later, Mr. Dutton returned to urgent care with neurological symptoms in his arms.
An MRI done in October 2018 showed a cervical syrinx in the C4/C5 area of Mr. Dutton’s spine. In April 2019, Mr. Dutton underwent a syrinx fenestration procedure, as well as a C3-C6 fusion and C4-C5 laminectomy and decompression.
“Despite going through all of the appropriate recovery measures over the course of more than 5 years, Jeremy still experiences neuropathic pain every single day. Jeremy lived a restriction-free life prior to this crash. He loved being a truck driver and loved spending time outdoors with his family. This collision and his resulting injuries have uprooted everything he enjoyed about his life,” Plaintiff’s attorney Brian L. Salvi said.
Defendant Foltz Welding admitted negligence for the collision but denied causation for the syrinx and resulting injuries based on arguments of an insignificant impact and delay in receiving treatment. A trial began before The Honorable Martin Seimer on April 22, 2024.
On April 26, 2024, a jury awarded Mr. Dutton a $12,208,790.53 verdict for his past and future loss of a normal life, past and future pain and suffering, past and future emotional distress, increased risk of future harm, disfigurement, past and future medical expenses, and lost earnings.
“The defense was insistent that this was a ‘conservative county’ that wouldn’t award a big verdict. We had confidence that the jury would recognize the facts and extent of loss experienced by Jeremy,” Mr. Salvi said following the verdict.
The Plaintiff was also represented by Rob L. Kohen and Emily T. Art of Salvi, Schostok & Pritchard, P.C. The defendants were represented by James A. Borland of Quinn Johnston.
For more information, please contact Marcie Mangan at (312) 372-1227 or mmangan@salvilaw.com.
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Case No. 20 L 6 [Jeremy Dutton v. Foltz Welding, Ltd.]
