BENTON – Senior U.S. District Judge Phil Gilbert plans to start trial May 16, on a claim that a trucker’s deficient English caused a crash that killed three persons and injured two.
The estates and survivors seek damages from FedEx Ground, which hired Asllan Pino and tested his English.
They seek damages from FedEx Ground contractor Hard Drive, Pino’s employer at the time of the accident.
It happened in 2019, on Interstate 70 near Effingham.
Traffic had come to a stop, with five passengers in a vehicle behind a truck at the back of the line.
Pino hit the vehicle, crushing the passengers between his truck and the one in front of them.
Virginia Abrams, Matthew Murphy, and Marleen Murphy died.
Bob Abrams and Janice Smart suffered injuries but survived.
Police issued tickets to Pino charging he failed to reduce speed and operated a commercial vehicle without speaking English.
He would later plead guilty on both tickets and pay two $164 fines.
Bob Abrams sued FedEx Ground, Hard Drive, and Pino as an individual and for Virginia’s estate.
Smart sued for herself, and Angie Sundhausen sued for the Murphy estates.
They claimed defendants employed a driver who didn’t qualify for a license.
Defendants admitted liability for Pino’s failure to slow down but contested liability for lack of qualification.
Defendants moved for summary judgment and Gilbert denied it in February.
He found FedEx Ground assessed all drivers in 2013, to verify their qualifications.
He found three assessors asked Pino five questions.
He found the parties disputed whether Pino passed the assessment, whether FedEx Ground believed he failed, and whether a retest was required.
“According to the police report, Pino was unable to effectively communicate with officers at the scene,” Gilbert wrote.
He found FedEx ground received a violation from the transportation department for permitting him to drive.
Their rule requires enough English to converse with the general public, understand signs, respond to official inquiries, and make entries on reports and records.
Gilbert found defendants argued that the record included no evidence that Pino’s inability to speak English caused the accident.
He found the transportation department notices, the police report, and the citations supported a connection.
“The court will let a jury decide whether plaintiffs put forth enough evidence on whether this connection rises to the level of proximate cause under Illinois law,” he wrote.
He wrote that if facts don’t entitle plaintiffs to recovery, he might rule on proximate cause at the close of evidence.
On April 22, the parties filed an agreement that neither side would call Pino to testify and he would not appear in court at any time.
They agreed that plaintiffs could show jurors about 40 questions and answers from his deposition.
They agreed that plaintiffs wouldn’t argue that Pino would be in court if he could speak English.
On the same date, defendants moved to exclude Pino’s convictions.
They claimed jurors might believe a traffic citation is conclusive evidence of tort liability, when as a matter of Illinois law it is not.
They moved to exclude evidence relating to Pino’s English, claiming there’s no evidence that his lack of proficiency caused the accident.
“Mr. Pino was driving too fast, following too closely, and not paying sufficient attention at the critical moments,” they wrote.
Gilbert set a hearing on evidence Friday, May 13.
Benedict Morelli and five others in his New York City firm represent plaintiffs, with David Cates of Swansea as local counsel.
Four lawyers at Bartlit Beck in Chicago represent FedEx Ground and Hard Drive, with Gregory Cook and Byron Bowles of St. Louis as local counsel.