Guest vs Other Driver--Jury Hits Drunk Driver with Punitive Damages
Plantiff's name withheld by request 96L-12414 Tried Dec. 6-12, 2000
As reported on page one of the Cook County Jury Verdict Reporter

VERDICT:     $3,400,863; $3,250,863 comp., $100,000 punitive to wife ($124,238 past medical; $12,625 past LT; $1,500,000 disability;$100,000 disfigurement; $1,000,000 past pain & suffering; $500,000 future P&S; $10,000 future medical; $4,000 future LT): $50,000 to husband
PLTF ATTY:  William S. Wojcik of William S. Wojcik Ltd.  (Oak Lawn) DEMAND:  $100,000
PLTF ATTY:  Kathleen A. Johnson of Kralovec & Marquard (General Accident) OFFER:  $100,000
PLTF MEDL:  Dr. Robert F. Yario (Cardiothoracic Surgeon); Dr. Richard Sodetz (Orthopedist)

FACTS: Aug. 4, 1996, the plantiff was a passenger in a friend’s car returning home from a barbecue at 1:00 a.m., traveling southbound on Pulaski, when they were struck head on by northbound deft who crossed the center line at 47th.  Pltf alleged that def M-20 was intoxicated and that his blood alcohol content was between .245 - .255 at time of accident, based on .215 BAC in hospital records two hours after crash (although no DUI citation was issued).  Pltf F-49 sustained cardiac tamponade with three tears to heart requiring open hear surgery, fractured left ulna, and multiple pulmonary emboli ($124,238 medl., $12,625 LT 3.5 months as machine operator).  Husband claimed loss of consortium, but he did not appear or testify at trial.  Defense admitted negligence, but disputed intoxication and denied willful/wanton conduct.  Deft testified that he could not remember many details of the night in question, he remembered having only one or two beers, he no longer drives because of this accident, and he only drinks alcohol on special occasions.  Plantiff's atty reports that he will pursue a bad faith claim against insurer for refusing to offer policy limit until nearly three years after crash.  Jurors reportedly asked the court if they could add requirement of community service in addition to monetary award.  Deft post-trial motion pending.