The family of a man killed in a traffic crash will receive $16 million, spread out over the next half century, from an Illinois trucking company, with the family's attorneys collecting $8 million, in a settlement reached recently in Cook County Circuit Court.
The agreement was made between the estate of Jesse Inman and Howe Freightways of Rockford.
At about 7 p.m. Sept. 13, 2011, the 29-year-old Inman, of Ankeny, Iowa, was a tow truck operator who responded, along with Daniel Walsh in a separate tow truck, to a semi-tractor trailer that had broken down on the westbound shoulder of Interstate 80 near Des Moines. The semi driver was James Langholf, a Howe employee. A westbound truck driven by Herbert Terrell, of Hiner Transport, then sideswiped and crashed into the parked vehicles, with all four men dying, according to court papers.
Iowa State Police reported Langholf was required to use warning devices along the side of the road, but did not do so. Police also noted the tow trucks were dispatched from 60 miles away, when tow trucks were available within 10 miles, making for a "very serious failure to prioritize safety." The setting sun was reported to have been very bright in the eyes of westbound traffic.
Lisa Inman, who was Inman's widow and administrator of his estate, sued Hiner and Howe in Cook County. Howe wanted the case transferred to Poweshiek County in Iowa, where the accident occurred. However, Cook County Judge James N. O'Hara let the suit remain, saying two of the parties and four witnesses were from Illinois, and other trial participants were from states other than Iowa, making Cook County an acceptable forum.
Howe refused to accept this decision and went to Illinois First District Appellate Court, but that panel agreed Cook County was a justifiable venue.
The case went to trial in 2017, with a jury finding against Hiner and Howe. Howe appealed on several issues, winning on its claim O'Hara was wrong to deny testimony from another semi driver who said he saw Terrell — the Hiner driver — not wearing a shirt while driving shortly before the crash. Terrell was found wearing a shirt after the crash, with the appeals panel ruling the testimony should have been allowed. The justices said it could suggest Terrell was distracted while putting on his shirt, which caused him to veer off the road and strike the parked tow trucks and Inman's semi.
Howe said it wanted this eyewitness to testify to try to assign more blame to Hiner.
The appellate court ordered a new trial. In the meantime, Lisa settled with Hiner for $1.3 million.
The agreement signed in May with Howe gives $8 million, plus $138,981 in expense reimbursement to the firms that represent the estate; those firms are Dickey & Campbell, of Des Moines and Power Rogers, of Chicago.
The remaining $16 million goes to Lisa and her three daughters, who are to immediately receive $5 million, with $11 million to be paid in installments for life. The last guaranteed payment is to be made in 2069. The daughters are 18, 15 and 10 years old.
Lisa is to be paid 50 percent of the $16 million, with each daughter receiving 16.66 percent.
Judge O'Hara approved the settlement.
Howe has been defended by SmithAmundsen and Johnson & Bell, both of Chicago.