Case Resolved by:  Verdict___  Settlement_X__  Mediation___  Arbitration___

Full Case Name:

Lee Gilbert v Landstar Inway, Inc.


17th Judicial Circuit Court, State of Illinois

Case Number:

2002 L133


Significant Legal Issues or Holdings:

Plf. was an Idaho resident; collision occurred in Nevada; driver was from Canada; trucking company had a principal place of business in both Illinois and Florida.  Plf. chose to sue in Illinois because its Supreme Court had recently declared tort reform legislation unconstitutional. 

Plaintiff Characteristics:  age, work history, earnings, family, etc.

Plf. was a self-employed private investigator who had not worked for one year prior to the MVA (due to losing his voice).  Plf. was in  his mid 50’s.

Liability Facts:

Defendant’s tractor-trailer crashed into Plaintiff’s vehicle which was the last car in a line waiting for a pilot car. 

Describe Physical Injuries by Plaintiff: Neck, upper back, low back pain; right knee, right elbow; right ankle;  blurred vision; sciatic nerve injury, leaving him with significant sensory and motor loss over  the left lower extremity;

Plaintiff Experts & Specialty (Name/Address/Phone)

Arthur Atkinson, trucking safety, Glendale, AZ; Dr. Robert Friedman; Tom Fried, Accident Reconstruction, Portland, OR; Mary Barros-Bailey, Life Care Plan, Boise, ID; Lee Barton, Vocational Evaluator, Boise, ID.

Defense Experts & Specialty (Name/Address/Phone)

Comments:  (Please add additional page(s) if necessary)

As submitting plaintiff’s attorney, I certify that the facts contained herein are true and accurate and hereby give permission to APITLAmerica® to publish this account of this case in any place they so choose, including, but not limited to, at APITLAmerica® CLEs, in any APITLAmerica® literature, on the APITLAmerica® website, in the APITLAmerica® newsletter, and in any books, articles, Powerpoints, presentations, and in any other means or method of publication or transmission in the total discretion of APITLAmerica®.  Furthermore, by my signature below, I also hereby release and provide to APITLAmerica® any copyrights to the information contained in this case report, and warrant that no other copyrights have been given to any other entity for this material.

Submitted by:

Plaintiff Attorney: Andrew M. Chasan


208 345-3760                             Fax:  208 345-0288


PO Box 1069

Email Address:

City/State/Zip  Boise, Idaho 83701


Putting the Brakes on Unsafe Trucking Companies