October 2024 – Cronauer Law is proud to announce a significant legal victory in a case involving the death of Chastin Pawson, who tragically passed away after a night at Q Bar in DeKalb, Illinois. After a lengthy court battle, the Illinois Appellate Court for the Second District has upheld a $4 million jury verdict in favor of the plaintiff, Administrator of the Estate of Chastin Pawson.
Case Overview: Dram Shop Act and Negligence
The case revolved around the Illinois Dram Shop Act, where the defendants, Q West, Inc. (doing business as Q Bar) and TKK Investments, LLC, were found liable for the events leading to Chastin Pawson’s fatal accident. A jury determined that Q Bar was 60% at fault and TKK 1% at fault, resulting in a final award of $2,440,000 after factoring in Pawson’s contributory negligence, set at 39%.
Defendants’ Appeal and Court’s Rejection
The defendants challenged the verdict on various grounds, including claims that they did not owe Pawson a duty and questioned the trial court’s interpretation of the voluntary undertaking doctrine. They also raised concerns about cumulative trial errors and sought remittitur, requesting a reduction of the jury’s award to the statutory maximum under the Dram Shop Act. However, the appellate court rejected these claims and affirmed the decision, citing that the defendants themselves requested certain jury instructions they later contested on appeal. The court concluded that no prejudicial errors occurred during the trial and upheld the fairness of the proceedings.
Impact of the Prejudgment Interest Act
A notable aspect of this case is its reliance on Illinois’ Prejudgment Interest Act, which went into effect on July 1, 2021. This legislation, amending 735 ILCS 5/2-1303, allows plaintiffs in personal injury and wrongful death cases to recover interest on damages from the time the lawsuit is filed until judgment is rendered. The defendants had contested the constitutionality of the statute, but the appellate court sided with earlier rulings from other districts, ensuring that the prejudgment interest award remained in effect.
Cronauer Law’s Commitment to Justice
This decision marks a significant achievement for Cronauer Law and underscores the firm’s dedication to securing justice for those harmed by negligence. The upholding of the prejudgment interest award further emphasizes the importance of the 2021 legislation in ensuring timely and fair compensation for victims.
This verdict was recognized as a top 10 jury verdict of 2022 ranking 4th highest verdict award in a wrongful death case in Illinois.
Cronauer Law remains committed to fighting for the rights of individuals and families affected by negligence and wrongdoing.
