http://www.waukegan.org/Forum/topic.asp?TOPIC_ID=7303

For the record this is a busy 4 lane road. I regularily go 38 to 40 miles per hour on it. Waukegan has been sued by illegal aliens more than a handful of times. Maddening...

Immigrant's family awarded $2.03 million

(http://www.suburbanchicagonews.com/news ... S1.article)

May 24, 2007

By ART PETERSON apeterson@scn1.com

A Lake County jury deliberated for less than three hours Wednesday afternoon before awarding $2.03 million to the family of an illegal immigrant in a wrongful death lawsuit against the city of Waukegan.

Wilson "Alex" Lopez-Ochoa was 21 when his car was struck by a Waukegan police squad car driven by officer Michael Newman on Super Bowl Sunday 2005. The Honduran immigrant died hours later.

Jurors indicated they held Lopez-Ochoa 100 percent blameless in the accident. The total amount awarded by the jury was $2,032,992. That includes $2 million for loss of a family member, $20,000 for funeral and burial expenses, and $12,992 for medical expenses.

In closing arguments Wednesday, the family's lawyers urged jurors to award "millions of dollars" in damages from the city of Waukegan.

Deliberations began in the early afternoon, capping the week-and-a-half-long civil trial in the courtroom of Judge Mary Schostok.

Key decision for jurors was whether Newman, who had been on the force for more than three years at the time of the accident, was at least 51 percent responsible. If so, they would then determine damages to be paid to Lopez-Ochoa family members.

Family attorneys contended Newman was mostly responsible, because he was speeding in a non-emergency situation, and did not have either the squad's siren or flashing lights turned on. City attorneys said Newman's speed matched traffic flow, and suggested Lopez-Ochoa was negligent and pulled in front of the squad.

Newman had been speeding northbound on Lewis Avenue, according to one witness, through a red light and past the intersection, made a U-turn, then accelerated east on Grand and struck the Lopez-Ochoa's Honda. The woman, who testified through a Spanish-language interpreter, had been at the corner gas station.

"Had Officer Newman simply followed the law, we would not be here," said Lawrence Ruder, attorney for the family, "Alex did not have to die. The Lopez family will have to live with this loss for the rest of their lives; there will be an empty seat at the dinner table."

Had the squad been traveling at the speed limit, the cars would have missed, not collided, Ruder said. "This was a horrible, tragic nightmare."

He didn't specify a total for damages, but suggested $1 million for each parent, and additional money for the brothers, sister and others in the family.

City attorney Daniel Field challenged the credibility of the witness, saying she didn't surface until "many months after the accident", and her version "is highly improbable."

He told jurors "before you open the purse for millions of dollars" consider that the same rules of the road apply to both driver. Lopez "was not clear of negligence, for failing to keep a proper lookout and failing to yield to oncoming vehicles in the road."

Family attorney Louis Cairo urged jurors "put the Lopez family under your arms" and "return a verdict for several millions of dollars" for the lost love, caring, guidance and companionship from the death of "Alex."

Field said future earnings of "Alex" are indeterminate because he had been unemployed and only had "some training as an upholsterer in Honduras."