Attorneys
Where your injury case is all that matters
TAKE ACTION NOW!
NO FEE UNLESS YOU WIN
OFFICE LOCATION

NEW SUPREME COURT DECISION ENCOURAGES SETTLEMENT BY NEGLIGENT PARTIES

In Antonicelli v. Rodriguez, the Illinois Supreme Court found that a Cook County judge was correct in allowing the Defendant, Daniel Rodriguez, to settle for the limits of his policy, $20,000, and to not allow the driver of a semi-truck and his companies that were also involved in the crash to force him to pay more.

The case arose out of a three-car collision in Naperville on Interstate 88. The Plaintiff, Angela Antonicelli, was a passenger in a car traveling eastbound on I-88. Defendant, Karl Browder, was also traveling eastbound behind Antonicelli's vehicle. Browder was driving a semi-truck for Defendant companies, Chicago Tube and Iron Company and Trillium Staffing, d/b/a Trillium Drivers Solutions. At the time of the crash, Defendant Rodriguez was under the influence of cocaine and traveling westbound. Defendant Rodriguez made an improper U-turn through the median on I-88 and collided with Plaintiff's car which caused it to rotate clockwise. Defendant Browder was unable to stop his semi-truck and slammed into the passenger side door of Plaintiff's car. Plaintiff suffered severe permanent injuries as a result of the crash.

Plaintiff filed a lawsuit alleging negligence against Defendants Rodriguez, Browder and Chicago Tube and Iron Company and Trillium Staffing, d/b/a Trillium Drivers Solutions. Defendant Rodriguez offered the $20,000 limits of his insurance coverage as settlement and Plaintiff entered into a settlement with Rodriguez for the limits of his policy. Defendant Rodriguez filed a motion for a finding of a good-faith settlement. The remaining Browder Defendants refused to settle and pay full and fair compensation for Plaintiff's injuries. They filed a counterclaim for contribution against Defendant Rodriguez and argued that his conduct was intentional rather than negligent and that his settlement should not be found to be in good faith. The trial court found that the $20,000 settlement with Defendant Rodriguez for his $20,000 insurance policy limits was made in good faith and dismissed the non-settling Browder Defendants counterclaim for contribution as barred by good faith. The trial court also allowed a $20,000 set-off for any future judgment rendered in Plaintiff's favor against the Browder Defendants.

The Browder Defendants alleged on appeal that the trial court erred in finding a good-faith settlement in that the Contribution Act did not did not permit a finding of a good-faith settlement. The appellate court affirmed the holding of the trial court. The Illinois Supreme Court ruled that the settlement between the Plaintiff and Defendant Rodriguez was made in made in good faith. Specifically, it found that the Contribution Act promoted settlement by providing that a defendant who enters a good-faith settlement with the plaintiff is discharged from any contribution liability to a non-settling defendant. The only limitation the Contribution Act placed on a settlement was that the settlement be in "good faith." The trial court's finding of good faith was supported by the Defendant Rodriguez's offer of his policy limits and that his insurance company would have to pay its attorneys to continue the case despite offering their policy limits. The Court also considered that no evidence was presented showing any wrongful conduct, collusion or fraud in the settlement between Plaintiff and Defendant Rodriguez and the trial court allowed a $20,000 set-off for the Browder defendants. Moreover, the Browder Defendants failed to show that Defendant Rodriguez acted intentionally in causing injuries to the Plaintiff.

The ruling in Antonicelli encourages defendants to accept responsibility for their negligent actions that injure others and to fully and fairly compensate the victims of negligence. Here at the Law Offices of Mathys & Schneid, we ensure that every defendant is held accountable for their negligent actions that injure our clients and that each defendant fully and fairly compensates our clients for their injuries.

  1. "Committed To My Cause"

    I was struck by a car while cycling and severely, almost fatally injured. A team of excellent medical professionals performed complicated and extensive surgical and medical procedures as part of a successful effort to restore my health....
    -Jeff D.

  2. "Could not have made a better choice"

    We found Mark [Mathys] through the web after an auto accident in October 2011. While selecting someone you don't know to represent you can be a gamble, we could not have made a better choice....
    - Dave

  3. "Very satisfied"

    Mark [Mathys] is very professional. He responds almost immediately, via email, to any question, comment or concern I have and if he is not able to respond right away, he will let me know. I have been very satisfied with Mark so far and I am happy to be his client.
    -Jennifer

  4. "Easy to talk to"

    Mr. Mathys and Mr. Schneid were very professional and easy to talk to. Prior to working with them, my wife and I had no real experience with the legal system beyond a house closing, yet Mr. Mathys and Mr. Schneid explained the whole process to us very well. I knew that whenever I had a concern about our case or the legal system in general I could call their office or send an email and receive answers the same day... -Larry

  5. "Provided very wise advice"

    I've dealt with attorneys on a variety of issues, almost all of them since leaving college and entering the workplace. Mr. Mathys was the first attorney I had any real experience with, and I was impressed then and remain so. He provided very wise advice and always kept me informed. In the end, he delivered a favorable result. I recommend him highly.
    - Tyler D.

  6. "In-depth knowledge of the law"

    Mark [Schneid] is an excellent and skilled attorney and demonstrated in-depth knowledge of the law when he helped settle my dog bite lawsuit resulting from a traumatic incident. He explained what was needed of me and how I should handle the situation in a professional manner.
    - Karen K.

  7. "They went to bat for me"

    Not long ago I was involved in a car accident where I was hit by a gravel truck at an intersection. After I called Mathys & Schneid, even though I didn't have a very large case, they made me feel like I was one of their most important cases. They went to bat for me with the trucking company's insurance and got me a settlement. I would definitely recommend them to my family and friends. -Dan H.

TAKE ACTION NOW!
NO FEE UNLESS YOU WIN

TAKE ACTION NOW! NO FEES UNLESS YOU WIN!

We’ll review your case at NO COST TO YOU. And, you don’t pay any fees unless we win your case. Contact us today.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Attorneys

Main Office

Law Offices of Mathys & Schneid
1730 Park Street
Suite 209
Naperville, IL 60563

Phone: 630-848-9294
Fax: 630-428-0044
Map & Directions

Law Offices of Mathys & Schneid
212 W Washington, Suite 809
Chicago, IL 60606

Map & Directions

Chicago Office

Call button