$30M Jury Verdict (With Interest on the Judgment and other settlements the total recovery was $34.65M) for the wrongful deaths of a 71 year-old, 66 year-old retired couple from downstate Illinois, survived by their only adult son who is in his 40s
In a groundbreaking decision, a Winnebago County jury awarded an unprecedented $30 million in a case related to the deaths of Leonard and Carolyn Anderson. Their lives were cut short when a partially disassembled Altec aerial device, permitted to leave J.J. Kane Associates, Inc.’s secure auction yard in South Beloit, struck a bridge and landed on their Toyota, killing both on U.S. Route 34 near Galesburg. This landmark verdict holds J.J. Kane Associates, Inc. and its parent company, Altec Inc., accountable for an incident that raises crucial questions about the safety practices within the heavy equipment resales industry.
Ryan Anderson, the only son of the deceased couple, filed the lawsuit against J.J. Kane Auctions and Altec Inc., alleging negligence on their part. The incident unfolded when a buyer, lacking a commercial driver’s license, drove away from J.J. Kane’s South Beloit facility with an improperly secured load of partially disassembled aerial device equipment. Anderson argued that Altec failed to ensure J.J. Kane operated safely, ultimately resulting in this foreseeable and easily preventable tragedy.
The jury’s $30M verdict, sets a new precedent in Winnebago County, marking the highest such award, as reported by the Jury Verdict Reporter. The sum comprises $14 million for the loss of the Andersons’ companionship, an additional $14 million for grief and mental suffering, and $2 million for emotional distress and pain and suffering. Additionally, the defendants are liable for almost $4 million in pre-judgment interest, though the final amount will be adjusted based on settlements with other defendants in the case.
Ryan Anderson in his capacity as administrator of his parents’ estates, brought the lawsuit under the Illinois Wrongful Death Act and the Illinois Survival Act. These legal actions were necessitated by the three-minute gap between the impact and Mrs. Anderson’s death.
The trial underscored the preventable and foreseeable nature of this incident, attributing it to Altec, Inc.’s failure to exercise reasonable care over the safety of their heavy equipment auction subsidiary, J. J. Kane. Allegations also pointed towards J.J. Kane’s negligence in auctioning part of an Altec Bucket truck without confirming the qualifications of the purchaser to handle the equipment safely himself. The purchaser, lacking the required CDL, self-hauled the 13,000-pound unmounted aerial device without involving a qualified motor carrier, leading to the catastrophic outcome.
The $30 million verdict, delivered after three hours of deliberation following a two-week trial, exceeded in-trial offers by 30 times and final offers by 10 times. This case serves as a reminder of the critical role jury trials play in our civil justice system, ensuring that individuals receive complete compensation under the law when defendants act negligently.
This matter settled for $33M following arguments on post-trial motions. This number includes nearly $5M in pre and post judgment interest bringing the total recovery from all defendants in this case to $34.65M which surpasses any verdict or settlement number ever obtained in Winnebago County, Illinois