A $60 million settlement has been reached on behalf of an Illinois woman who was left a paraplegic after a rollover accident that her attorneys say was caused by construction companies that failed to keep the road in safe condition.
The primary defendant, K-Five Construction of Westmont, Illinois, expressed sympathy for the injuries sustained by Sarah Grasser, 31, of Minooka, Illinois, said “no one should have to experience these life-altering consequences,” but also scoffed at the plea deal, which she said she accepted only because it was financially untenable to go to trial.
“The settlement decision was based on the biased political system and ‘nuclear’ settlement environment of cases in Cook County and Illinois,” he said. Robert Krug, president of K-Five. “The deal was the least risk for K-Five.”
This is just the latest award for large settlements or damages related to roadworks or construction zone disruptions. In 2022, a Kentucky jury ordered a paving contractor to pay $74 million related to a fatal traffic accident on a road that had previously been repaved. That case was ultimately settled for an undisclosed amount.
High speed traffic on a paved road
Grasser’s spinal cord injury stems from an accident on August 30, 2022 Northbound Interstate 55 near Renwick Road in Will County, Illinois, which was under construction at the time.
Another driver’s vehicle, which had swerved to avoid a large pothole, struck Grasser’s vehicle, causing it to overturn and eventually settle in a ditch on the side of the road, according to the lawsuit.
In addition to K-Five, other defendants include Gallagher Asphalt Corp., RM Chin and Associates, AECOM, ATLAS Engineering Group, Traffic Control and Protection, TSI Traffic Control, Maintenance Coating Company and Work Zone Safety, Inc., all of whom the lawsuit alleges in various ways left the road in an unsafe condition and in violation of Illinois transportation safety standards.
“This incident was preventable,” said attorney Bradley Cosgrove of Clifford Law Offices. “The roadway was left in a state that presented a clear danger to motorists; a major pothole created a serious hazard in an active travel lane. Under these conditions, the roadway should not have been open to traffic without appropriate safeguards or remedial measures.”
The project was part of a $48 million renovation project on both the northbound and southbound lanes of Interstate 55 from Interstate 80 to Weber Road.
The lawsuit alleges that K-Five and its agents milled too deeply into structural layers, weakening the pavement and directly contributing to pothole formation, and that they ignored the planned staggered milling sequence by milling all three lanes to a total of 5 inches. depth and simultaneously reopening them to traffic.
It also alleges that K-Five and its agents failed to perform the required surface variation tests (to a 3/16-inch tolerance) after milling, as required by IDOT specifications.
Although there were visible flaws and defects in the road, Cosgrove said the lanes were reopened to traffic, including a 65 mph run, without repairs, warning or proper speed reduction.
“Defendants failed to properly inspect, monitor and maintain the work area throughout the day, breaching their contractual and safety obligations to protect the public.”” Cosgrove said. “Collectively, these failures created a dangerous road condition that posed a foreseeable risk to motorists.”
The contractor rejects the deal
While he did not respond to those specific allegations, Krug said “the public deserves a full picture of the facts that led to this settlement.”
He said toxicology reports confirmed Grasser had cocaine and alcohol in his system at the time of the crash, an open container of alcohol was found in his car at the scene of the crash. Additionally, Krug says Grasser’s vehicle was destroyed before the defense had a chance to conduct an independent investigation, and despite the extensive investigation, neither the alleged other vehicle nor its driver was presented to corroborate Grasser’s claim that his vehicle had been hit by another vehicle prior to the crash.
“These facts raise important questions about causation that a jury never had the opportunity to weigh,” Krug said. “Instead, this case exemplifies fundamental flaws in Illinois’ civil justice system.”
Krug also criticized the legal procedural maneuvers in the case, which allowed it to be settled in Cook County Circuit Court instead of Will County where the crash occurred or Minooka, located in Grundy County, where Grasser resides.
He called Cook County “a jurisdiction with no significant connection to the incident. The defense’s motion for a change of venue was denied, forcing the matter to be adjudicated in a forum known for consistently issuing nuclear verdicts that have little bearing on the applicable law evidence.”
Krug also noted that the state of Illinois, including IDOT, is contractually indemnified from any liability related to the contracts it awards, which he said is not fair.
“While private contractors face massive judgments, the government responsible for road maintenance and oversight faces none,” he said. “This structural inequality further distorts accountability and incentivizes the very settlement dynamic that resolved this case.”
Acknowledging the profound impact the accident has had on Grasser and his family, Krug stated that “safety for our team and the public will always be the cornerstone of our operations.”
