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In Circuit Court

A Cook County judge has approved a $5.6 million settlement for a 13-year-old quadriplegic boy whose injuries sustained in a 2008 car crash in Skokie also resulted in severe limitations to his ability to communicate, and his reliance on a ventilator to breathe, according to his family's attorney.

The family of Alexandr "Sasha" Lev filed a lawsuit on May 27, 2009, against Thomas E. O'Neill IV, the driver of a sport utility vehicle that collided with a station wagon driven by the boy's father on Dec. 14, 2008. The boy was a passenger in the front seat of the station wagon when it was struck by the northbound SUV as his father was attempting to turn east onto Old Orchard Road from southbound Skokie Road, said Gregory F. Coplan of Oak Park-based Coplan & Crane Ltd. who, along with Benjamin A. Crane, represented the boy's family.

The boy was rendered a quadriplegic, is fed by a g-tube, relies on a ventilator to breathe, and his ability to communicate is limited to blinking and manipulating an adapted keyboard with his chin, Coplan said. According to Coplan, the parties contested the speed of the vehicles, the lanes in which they were traveling, and the color of the traffic signals.

Jeremiah P. Connolly of Bollinger, Ruberry & Garvey who, along with Rachel D. Kiley, represented the defendant, contended that the driver of the SUV was not at fault. He said multiple witnesses would have testified that his client was following a green traffic signal and was traveling within the speed limit when the accident occurred. The defense opted to settle the case, Connolly said, largely because of Illinois' so-called One Percent Rule, which would have meant in this case that if a jury were to find the defendant one percent responsible for the accident, the defendant would have been held responsible for the entire amount of exposure.

"The exposure was too substantial not to settle the case, in light of severe injuries sustained by a very sympathetic plaintiff," Connolly said. "The child is not attributed any negligence of the father. The child is an innocent passenger the father's negligence doesn't help. If a jury finds my client one percent at fault, then he gets hit with everything."

Under the settlement terms, the defendant's insurance carrier will pay $5.5 million, while the carrier for the boy's father will pay $100,000. Cook County Circuit Judge Henry R. Simmons Jr.. approved the settlement on May 6. U.S. Bank, Guardian of the Estate of Alexandr Lev, et al. v. Thomas E. O'Neill IV, No. 09 L 6186.

2010 Illinois Super Lawyers Named

Gregory F. Coplan has been named a 2010 Illinois Super Lawyer. Benjamin A. Crane has been named a 2010 Rising Star by Illinois Super Lawyers.

Thousands of ballots were mailed to attorneys in Illinois. These attorneys were asked to vote for the best lawyers they had personally observed in action. Each candidate's record was reviewed to assure good standing with the Supreme Court of Illinois. The attorneys under consideration were then reviewed by a blue ribbon panel. As an Illinois Super Lawyer and Rising Star, both Gregory F. Coplan and Benjamin A. Crane have been recognized by their peers as being outstanding in their profession.

Coplan & Crane featured in October Chicago Lawyer Magazine

Coplan & Crane is featured in the October Chicago Lawyer magazine's "Largest Settlement Survey." Each year, the Chicago Lawyer and the Jury Verdict Reporter come together and publish an annual listing of the largest settlements in Illinois. The top 15 results were reported to the Illinois Jury Verdict Reporter between July 1, 2008 and June 30, 2009.

http://www.chicagolawyermagazine.com




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