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MADISON - ST. CLAIR RECORD

Tuesday, March 19, 2024

Gomric grants mistrial following $14K verdict in car crash suit

Lawsuits

St. Clair County Associate Judge Julia Gomric granted a motorist’s motion for a mistrial in a suit involving a Fairview Heights car crash after jurors returned a verdict awarding the plaintiff $14,273.81.

Jurors reached a verdict in favor of plaintiff Robert Gagliano on Aug. 7, awarding him $10,953.81 for past medical bills, $320 for past lost wages, $2,000 for past pain and suffering and $1,000 for past loss of a normal life.

Then on Aug. 9, Gomric granted the plaintiff’s motion for a mistrial and denied as moot his motion for a judgment notwithstanding the verdict.

Gagliano was represented at trial by Alvin Paulson of Belleville.

Defendant Tori Spiguzza was represented by the DeFranco & Bradley firm in Fairview Heights.

Gagliano filed his complaint on June 14, 2017, alleging that on Jan. 19, 2016 at approximately 5:38 p.m., he was driving his 2015 Nissan Versa westbound from the Shoppes at St. Clair through the intersection across Illinois Route 159 towards the Fairview City Centre entrance in Fairview Heights. At approximately the same time, Spiguzza was driving her 2014 Chevrolet Sonic southbound on Illinois Route 159 approaching the intersection with the Shoppes at St. Clair entrance.

Gagliano claims Spiguzza failed to obey the red light traffic signal and collided with his vehicle.

The plaintiff alleges the defendant carelessly and negligently failed to obey a traffic control device, failed to keep a proper lookout, failed to keep her vehicle under proper control, failed to operate her vehicle at a reasonable speed and failed to decrease the speed of her vehicle to avoid a collision.

Spiguzza answered the complaint on July 28, 2017, denying liability.

On March 20, the arbitrators entered an award in favor of Gagliano for $30,000 plus costs.

Spiguzza rejected the award of the arbitrators on April 2.

St. Clair County Circuit Court case number 17-AR-511

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