Verdict: $1,139,801
Verdict: $1,139,801 after 35% off $1,753,540 v Village of Skokie and Officers Gramins and Glad.
Special Interrogatories: Was conduct of Officer Gramins wilful and wanton? “Yes.” Was conduct of Officer Glad willful and wanton? “Yes.”
Judge: Irwin J. Solganick (Law Division)
Pltf Attys: Craig L. Manchik of Law Offices of Craig L. Manchik & Associates, P.C.
Deft Attys: Aldo E. Botti, Jean M. Lasics and Thomas Haught of Botti, Marinaccio (Oak Brook) for Village of Skokie, Gramins and Glad (SELF-INSURED) OFFER: $300,000 (withdrawn)
Pltf Medl: Dr. Thamrong Chira (Pathologist)
Pltf Experts: Dr. Marcelline Burns, Ph,D., Southern California Research Institute, (Psychologist); Jack Juciewicz, Chicago Police Academy (now retired) (Police Procedure); Dr. Daniel Brown, Ph.D. (Toxicologist); Dr. Eugene Saltzberg (Emergency Medicine)
Facts: On Wednesday Sept. 13, 1995, 19-year old Alexander Goldberg was pulled over at 10:16 p.m. by deft Skokie Police Officers Glad and Gramins, as Goldberg fled the scene of a rear-end accident in which he had reportedly committed at least seven traffic violations. Both officers conducted field sobriety testing on Goldberg, who had allegedly consumed almost three 40-ounce malt liquor beers. At 11:40 p.m., Goldberg was issued five traffic tickets by the defts and allowed to drive this vehicle away with 16-year-old Mikhail Ozik as a passenger. Seven minutes later, at 11:47 p.m., Goldberg struck a tree while going 75 mph, splitting his vehicle intro three parts. Mikhail Ozik, sitting seatbelted in the mangled front passenger seat, suffered a dislocated cervical spine with his head laying sideways on his neck, paralysis from the neck down, a fractured femur, and conscious pain and suffering for 5-7 minutes before lapsing into unconsciousness and dying at scene after 7-10 minutes. Estate alleged that the defts were willful and wanton in failing to execute and enforce laws regarding Zero Tolerance to Alcohol for Minors, Driving Under the Influence and Reckless Driving. Estate additionally claimed that the deft officers let Goldberg go because their shift had ended at 11:00 p.m. and it would have taken up to four more hours to arrest him and process DUI paperwork. Defense denied that the conduct of M-26 Gramins and M-31 was willful and wanton, and argued that decedent was contributorily negligent in causing his own injuries and death. Three of four retained defense experts were not called at trial, and the other was barred. Defense post-trial motions are pending on several issues.