2020-L-004279 (Cook County, Illinois)
Brittney Frederick won summary judgment on a case involving a multiple vehicle traffic accident on I-355 in the Circuit Court of Cook County. The accident occurred when a sedan weaved in and out of traffic, going up to 80 miles per hour in a construction zone.
The driver attempted to get around the a semi-truck, but mistimed his lane switch, hitting the semi-truck’s wheel and starting a chain reaction. The semi-truck was forced into the next lane, where it collided with a second semi-truck. The impact from that collision forced the second semi-truck into the left lane, where it collided with Plaintiff’s vehicle and pinned him against the concrete median.
The driver who started the chain reaction crash settled for policy limits before suit was filed. Plaintiff then sued the two semi-truck drivers complaining of a variety of injuries, including nerve damage and PTSD from the accident. Brittney Frederick took up the defense of the first semi truck which was initially struck by the at fault driver.
After a long discovery phase, Brittney filed her summary judgment motion, arguing that Plaintiff could not prove proximate cause based on the Unavoidable Collision Doctrine. She argued that even if the client could have done something to prevent the accident, his actions were not a substantial cause of the accident. Only the dismissed defendant could be held legally responsible for Plaintiff’s injuries. The remaining defendants joined onto Brittney’s motion. In response, Plaintiff focused on the fact that the truck drivers did not see the speeding vehicle before it made contact with their trucks was proof of negligence on their part. The Judge disagreed, holding that there was nothing either driver could have done to avoid the subject collision. The judge granted the motion and dismissed Brittney’s client from the case.
