$148 Million Premises Liability Jury Verdict

Case: Tierney Darden, et al. v. City of Chicago, et al.
Court: Cook County Circuit Court (Law Division)
Docket: Case No. 2015 L 008311
Plaintiffs’ attorneys: Patrick A. Salvi, Tara R. Devine,
Patrick A. Salvi II and Eirene N. Salvi of Salvi, Schostok & Pritchard P.C.

On August 23, 2017, our law firm obtained a record-setting $148 million premises liability verdict on behalf of a young Lake County woman who was paralyzed from the waist down when a poorly maintained pedestrian shelter collapsed on her at O’Hare International Airport.

Please see our case timeline to understand the history of the case.

A team of five attorneys – Patrick A. Salvi, Tara R. Devine, Patrick A. Salvi II and Eirene N. Salvi – served on our litigation team that represented 26-year-old Tierney Darden in her claim in Cook County Circuit Court against the City of Chicago.

The $148 million jury verdict – the largest personal injury verdict in Cook County history and the highest personal injury compensatory verdict award in the history of Illinois – included an award of $56 million for future loss of a normal life, $32 million for future medical expenses and $30 million for future pain and suffering.

“This is a verdict these jurors can be proud of and exactly what Tierney deserves,” said Salvi, Schostok & Pritchard P.C., Managing Equity Partner, Patrick A. Salvi, “We are thankful to these 12 people for fully recognizing Tierney’s injuries and helping her move on with her life.”

The pedestrian shelter was visibly rusted and improperly attached to the ground, which caused it to topple over and crush Tierney when a strong storm that passed through the Chicago area on the afternoon of August 2, 2015.

Tierney had been waiting for a ride outside of the airport with her mother, Trudy, and her sister, Tayah. The three women had just spent the weekend in Minneapolis, shopping for bridesmaids’ dresses for an upcoming wedding. Tierney was 24 years old at the time, studying at Truman College and pursuing a career as a dancer and choreographer.

While Trudy and Tayah escaped with minor injuries, the more than 750 pound shelter pinned Tierney to the ground and severed her spinal cord. She was immediately paralyzed from the waist down and has never walked or danced since. Despite numerous surgeries, she has continued to experience physical pain and emotional suffering. She requires use of a wheelchair and around-the-clock care.

On August 13, 2015, our law firm filed a lawsuit on behalf of Tierney. The complaint alleged that the defendants failed to properly maintain the pedestrian shelter even though they knew or reasonably should have known that it was in poor condition. An investigation later revealed that other pedestrian shelters at O’Hare International Airport were in similar decrepit and dangerous condition, prompting the defendants to remove them.

In March 2017, the defendants admitted their wrongful conduct caused Tierney’s permanent spinal cord injury. However, negotiations on the amount of damages failed to result in a settlement, with the defendants’ last settlement offer being $22 million.

The case went to trial on August 10, 2017, to determine the damages issue. Judge Clare McWilliams presided over the case.

At trial, our law firm demonstrated the nature and extent of the harm that Tierney had suffered as well as the impact on Tierney and her family. We presented the testimony of several witnesses, including Tierney’s family members and medical experts. Additionally, we presented a video to the jurors that allowed them to see the pain and obstacles Tierney and her family face on a daily basis due to her injury.

Tierney also testified and told the jury in her own words about the physical “torture” caused by her injury and the tremendous “burden” that she believed her condition placed on her parents, who provide constant care to her while also working full-time jobs.

After 10 days of trial and four hours of deliberation, the jury returned its verdict. As several news outlets reported, several jurors were so moved by Tierney’s story that they crossed the courtroom after the trial to hug her.

The case generated significant local, state, national and international media attention. Due to this interest, our law firm held a press conference on August 24, 2017 to discuss the case.

At the conference, Patrick A. Salvi expressed his hope that Tierney’s case would prompt thorough and regular inspection and maintenance of pedestrian shelters at airports in Chicago and across the country.

Case Timeline

May 2009

Tierney graduates from Vernon Hills High School in Vernon Hills, Illinois, a northern suburb of Chicago. As a student, Tierney led the school’s varsity pom squad to its first state championship in 2008 and a repeat title in 2009. She also played lacrosse and participated in choir, student council and numerous other activities.

Following high school, Tierney pursues her passion for dancing and choreography and serves as a dance coach at Vernon Hills High. She also enrolls at Truman College and aspires to one day open her own dance studio.

August 2, 2015

Tierney, age 24, returns to Chicago on a Sunday afternoon from a shopping trip to Minneapolis. She had joined her mother, Trudy, and sister, Tayah Minniefield, to find bridesmaids’ dresses for an upcoming wedding.

They wait for their ride near a pedestrian shelter outside of O’Hare International Airport. They are near the outer lane of a lower-level street that accesses Terminal 2. The shelter weighs in excess of 750 pounds. It is visibly rusted and improperly attached to the ground, with several missing bolts.

At around 2:40 p.m., a strong storm passes through the area. The three women take cover near the shelter, which loosens and collapses on them. Trudy and Tayah escape with minor injuries. However, the shelter pins Tierney to the ground.

“I remember I heard a scream. Then I got hit in the head by the shelter. I started to run but then realized it was too late to run,” Tierney recalls. “My face hit the ground. There was a crack and a white light and everything went numb. I knew I was paralyzed.”

It takes at least four people to lift the shelter off Tierney. Her father, David, pulls up to the scene at O’Hare and sees his daughter lying in the roadway. “She was in a lot of pain. She was crying. She was confused. She knew she couldn’t move,” he says.

Doctors diagnose Tierney with dislocated vertebrae at T11-T12, which is located near the base of the thoracic spine. The severed spinal cord injury leaves her permanently paralyzed from the waist down.

In the coming months, Tierney will undergo numerous surgeries and extensive rehabilitation totaling nearly $1 million in medical bills. However, the medical care does not restore feeling or movement. She continues to suffer pain and related depression and anxiety.

August 13, 2015

The law firm of Salvi, Schostok & Pritchard P.C., files a lawsuit in Cook County Circuit Court on behalf of Tierney. The lawsuit names the City of Chicago as the defendant.

The complaint alleges that the defendants negligently failed to maintain the pedestrian shelter that caused Tierney’s spinal cord injury even though the defendants knew or should have known that it was in need of maintenance. The lawsuit seeks damages that include medical expenses, pain and suffering and punitive damages.

Attorneys Patrick A. Salvi, Tara R. Devine, Patrick A. Salvi II and Eirene N. Salvi of Salvi, Schostok & Pritchard P.C., will represent Tierney and her family as the case moves forward.

August 2015

An investigation reveals that other pedestrian shelters at O’Hare International Airport have corroded parts, missing bolts and broken brackets. An investigation by WBBM-TV (CBS2) in Chicago finds one shelter with 22 missing bolts, eight missing screws and an entire mounting plate that is gone. City officials later remove the shelters.

October-November 2015

Kinzie Real Estate Group and others donate their services to oversee the renovation of Tierney’s home in Vernon Hills. The renovation will make the home more accessible for Tierney, who requires a wheelchair and around-the-clock care from her family.

“This was a terrible tragedy and our hearts went out to Tierney and her parents,” says Steve Spinell, a Kinzie Group executive whose children went to high school with Tierney. “We were so moved by her strength and determination to recover as much as possible that we wanted to find a way to help.”

December 2015

Kinzie Real Estate Group and others donate their services to oversee the renovation of Tierney’s home in Vernon Hills. The renovation will make the home more accessible for Tierney, who requires a wheelchair and around-the-clock care from her family.

“This was a terrible tragedy and our hearts went out to Tierney and her parents,” says Steve Spinell, a Kinzie Group executive whose children went to high school with Tierney. “We were so moved by her strength and determination to recover as much as possible that we wanted to find a way to help.”

March 3, 2017

The City of Chicago file a stipulation in Cook County Circuit Court. The defendants admit that their wrongful conduct caused the pedestrian shelter to fall on Tierney and damage her spinal cord.

During settlement negotiations, the defendants make a final settlement offer of $22 million, which Tierney and her family reject. The case heads to trial.

August 10, 2017

The trial begins in Cook County Circuit Court, with Judge Clare McWilliams presiding. Attorneys from Williams & Gundlach, LLC, and Dentons US LLP represent the defendants. Because the defendants admit liability, the only issue at trial is the amount of damages.

During opening statements, attorney Jeffrey J. Kroll explains the nature and extent of Tierney’s spinal cord injury. He tells the jury that the defendants’ wrongful conduct forever changed the course of her life. “She will never walk or dance again. The city didn’t just take away the lower half of her body that day. They amputated her spirit and her soul,” Kroll says.

The trial lasts for 10 days. Several witnesses testify on Tierney’s behalf, including family members and medical experts. Tierney’s attorneys from Salvi, Schostok & Pritchard P.C., also present a video, showing jurors what life is like for Tierney and her family after her injury.

Tierney, now age 26, provides emotional testimony about the physical and emotional pain and suffering that she has endured since the pedestrian shelter collapsed on her two years earlier. She describes her pain as being “like torture” and how she feels as if she has become “a burden on my family.” When asked by attorney Patrick Salvi about what she wanted to do with her life before her injury, Tierney says, “Dance – it was my heart and soul.”

In closing statements, Salvi tells the jury, “Tierney doesn’t want your sympathy. She wants justice.”

August 23, 2017

After four hours of deliberation, the jury returns a verdict that awards $148 million in damages to Tierney. The amount includes:

• $56 million for future loss of a normal life
• $32 million for future medical expenses
• $30 million for future pain and suffering
• $10 million for past pain and suffering.

The Illinois Jury Verdict Reporter calls it the highest personal injury compensatory verdict awarded to an individual in Illinois history, surpassing the prior record by $84 million. The verdict also is:

• The highest personal injury verdict in Cook County history, with the prior record of $127.7 million being set in 1991
• The highest personal injury award ever against the City of Chicago
• Among the top five nationally in a personal injury case (excluding class actions, wrongful death claims, punitive damages cases, default judgments and cases involving imprisoned defendants)
• The largest premises liability compensatory damages award nationally in a case not involving a toxic tort or wrongful death claim.

Because AIG Aviation insures the City of Chicago for up to $500 million for incidents at O’Hare International Airport, the award will not cost local taxpayers.

According to news reports, after the trial concludes, several jurors cross the courtroom to hug Tierney.

A spokesman for the City of Chicago Department of Law issues a statement, saying that the city is “disappointed in the jury’s verdict” and will evaluate “our legal options.”

August 24, 2017

Due to heavy media interest in the case, including coverage by national and international news outlets, the law firm of Salvi, Schostok & Pritchard P.C., and the Darden family hold a press conference at Chicago’s Alise Hotel.

Tierney tells the media that the verdict will help to ease the burden on her parents, who have provided around-the-clock care to her while still working full-time jobs. “They need to live their life, too,” she says.

“I know it’s a substantial verdict,” Patrick A. Salvi says during the press conference. “But if you had sat in the courtroom and listened day by day to everything she has gone through and everything that she has facing her in the future, you would realize that the verdict was fair and reasonable.”

Salvi also expresses his hope that the case will prompt comprehensive, regular checks of pedestrian shelters at airports in Chicago and across the country.