Couple's Family Reaches $ 3.6 Million Settlement In Illinois Wrongful Death Action Arising From Intersection Collision
On July 11, 2016, John Fassig was operating a motor vehicle with his wife, Betty Fassig, as a passenger and travelling northbound on East 8th Road near its intersection with North 33rd Road in the County of LaSalle, IL. John M. Goldone was operating his vehicle westbound on North 33rd Road. As Goldone attempted to proceed through the intersection of East 8th Road, he struck the Fassigs' vehicle. The Fassigs died in the collision and were survived by their daughter, Paula Hallock, and their son, Timothy Fassig.
On July 28, 2016, Hallock, as Executor of the Estates of John Fassig and Betty Fassig, deceased, filed a complaint against Goldone in the Thirteenth Judicial Circuit, LaSalle County, Illinois, alleging wrongful death. Hallock alleged that Goldone was negligent because he operated his vehicle without keeping a proper lookout, failed to drive at a prudent speed, drove his motor vehicle as to cause his vehicle to strike the Fassigs' vehicle, failed to keep his vehicle under reasonable control, failed to apply the brakes to avoid striking the Fassigs' vehicle, failed to observe and avoid the Fassigs' vehicle, failed to yield the right-of-way, and failed to obey a traffic control device. The case was assigned to Judge Eugene P. Daugherity.
Goldone filed an answer denying the substantive allegations of the complaint and claiming that John Fassig’s negligence caused the collision.
A petition to approve a wrongful death settlement was filed on June 1, 2017. An amended order approving wrongful death settlement was entered on June 13, 2017. In a settlement agreement and release entered on June 30, 2017, Hallock agreed to settle the claims for $3,600,000, including $2,000,000 to Hallock, as Executor of the Estates, and her counsel; $800,000, the cost of a structured settlement annuity to provide periodic payments to Hallock and Nolan Hallock, as co-guardians of Timothy Fassig, a disabled person; and $800,000, the cost of a structured annuity to provide periodic payments to Hallock.
Hallock was represented by Peter J. Flowers, Michael W. Lenert, Klint Bruno, and Patrick J. Herrmann of Meyers Flowers Bruno & Herrmann, LLC. Defendant was represented by Gary R. Eiten of Herbolsheimer, Duncan, Eiten and Hintz, P.C.
Lexis Advance Subscribers may view the complete summary here: Paula Hallock, as Executor of the Estates of John Fassig and Betty Fassig, deceased, v. John M. Goldone; 2017 Jury Verdicts LEXIS 2118
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