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13-Million-Dollar Award for South Barrington Crash Lawsuit

By Kris Briggs

A Cook County jury has found in favor of the family of a BMW salesman in a wrongful death suit against a prospective car buyer who took a test drive and crashed the car killing the salesman.

The jury on Monday awarded Czapski's family $13.7 million, concluding that Maher was liable for Czapski's death in 2004 in South Barrington.

"We are gratified that the jury appreciated the significant loss that the Czapski family experienced," Tim Cavanagh, the family's lawyer said. "For four-and-a-half years, Christopher Maher denied that he was legally responsible for Roger's death."

On August 4, 2004, Christopher Maher took out a BMW 530i sedan with Roger Czapski, 22, in the front seat and two of Maher?s friends in the back seat.

At about 5:50 p.m. the BMW was traveling east on Algonquin Road when it struck the front end of a 2002 Saturn making a left turn onto Willow Creek Church Drive, and then swerved and hit a light pole. The front passenger side of the car?where Czapski sat?took the brunt of the impact, police said.

Maher was ejected from the car. He and his two friends suffered serious injuries but survived. Czapski was pronounced dead at a local hospital 90 minutes later.
Witnesses, including the two back-seat passengers and friends of Maher, testified at trial that the BMW was traveling about 95 miles per hour at impact, Cavanagh said.

Maher's attorneys posited that Czapski was at least partially to blame for his own death, telling the jurors that Czapski said to Maher, "Now it's your turn. Open it up." They also suggested that Czapski never told Maher he had to slow down.

One of Maher's lawyers, Tom Jacobson, said he plans to file motions stating that "some evidence was improperly excluded."

"It was a tragic accident," he said. "However, the verdict isn't in line with the evidence."

In October 2005, Maher pleaded guilty to aggravated speeding in connection with the crash. He was sentenced to one year of probation and 30 days of community service at the Cook County medical examiner's office.

Car Accidents in Chicago

Unfortunately, car accidents occur on a regular basis in our city and across the country. Sometimes it is because of negligence on the part of another person. It is our mission to assist those who may have been injured or harmed due to the negligence of another driver. Whether your injuries consist of whiplash or burns to your head or neck, nerve damage or spinal chord injures, broken or dislocated a bones or limbs, or loss of life, our attorneys are specifically trained to assist you in your time of need.

$13.7M awarded in South Barrington crash lawsuit, ChicagoBreakingNews.com, April 21, 2009

Full post as published by Illinois Injury Law Blog on April 26, 2009 (boomark / email).