Product Liability

FIRST AMERICAN BANK, as Executor of the Estate of ANGEL MALONE, deceased, SAMUEL MALONE, a minor by and through his father and guardian, PATRICK MALONE, and CHRISTOPHER MALONE, a minor, by and through his father and guardian, PATRICK MALONE, vs   RICHARD GUERINE, individually, J.Q. TEX, INC., an Indiana corporation, ATWOOD, INC., a Minnesota corporation.  

Cook County No.   02 L 3344

AMOUNT OF SETTLEMENT:  $2,860,000.00            

On September 26, 1999, the defendant, Richard Guerine, was pulling his ski-boat on a trailer attached to the back of his Jeep Cherokee northbound on Somanauk Road  in DeKalb County, on his way back home to Melrose Park, after a day of boating at Starved Rock.  Mr. Guerine momentarily drove onto the shoulder of the road, over a residential drive-way, and back onto Somanauk Road.  This off-road excursion caused the trailer hitch attached to Mr. Guerine’s Jeep, manufactured by defendant Atwood, to become disconnected from Guerine’s tow ball.  As a result of this disconnection, the boat trailer traveled into the oncoming lane of traffic and struck Angel Malone’s car which was proceeding southbound on Somanauk Road with her two young boys.  Angel Malone was survived by her adult daughter and the two minor boy.

The Plaintiffs retained four experts.  Mr. Andy Irwin was hired as an accident reconstructionist.  Mr. Irwin produced a DVD animation which showed that the boat trailer could not have been connected to the back of Mr. Guerine’s Jeep at the time of impact with Mrs. Malone’s vehicle because the back of the Jeep and the front of the trailer were too far apart to be connected at the time of impact.  The Plaintiffs also retained Mr. Timothy Finley to testify as an accident reconstruction expert.  Mr. Finley has extensive experience investigating trailer hitch cases for U-Haul.  Mr. Finley opined that the trailer and the Jeep were not connected at the time of impact with the Malone vehicle because there was no physical damage to the trailer hitch and the tow ball that would have been consistent with a forced separation.  Mr. Finley also testified that the forces associated with the off-road excursion that occurred when Mr. Guerine drove onto the shoulder of the road were sufficient to cause the separation of the trailer hitch which was not properly locked at that time.

The Plaintiffs also retained Mr. Gerald Rosenbluth and Mr. Larry Barone.  Mr. Rosenbluth and Mr. Barone identified certain manufacturing and design defects that prevented Atwood’s trailer hitch from properly locking onto the tow ball. 

Defendant Atwood hired Dr. Thomas Blotter, a mechanical engineer from Utah State University.  Dr. Blotter was of the opinion that Mr. Guerine was the sole proximate cause of the accident and that Atwood’s trailer hitch became disconnected from Mr. Guerine’s vehicle as a result of the impact with the Malone car.  He also testified that Atwood’s trailer hitch was not defective in any way.

The case was settled the day before trial before the Honorable Sharon Johnson-Coleman.  Defendant Atwood paid $2.3 million.  Defendant Richard Guerine paid $400,000.00 (full State Farm policy).  Defendant J.Q. Tex, Inc. paid $160,000.00.

The case was originally on Judge Casciato’s motion call.  Judge Casciato granted the defendant’s motion to transfer the case to Kane County based on the doctrine of form non conviens.  The Plaintiffs appealed this ruling to the Supreme Court.  The Supreme Court reversed Judge Casciato and remanded the case back to Cook County. (See First American Bank v Guerine, 198 Ill.2d 511, 764 NE 2d 54, 261 Ill. Dec. 763 (Ill. Jan 25, 2002).