A man whose leg required partial amputation after a car-on-motorcycle crash has settled his Kendall County lawsuit for $2.25 million.
Plaintiffs Daniel DiGuido and his wife Amy sued the estate of Alan Duggan in 2015, alleging Duggan failed to yield the right of way to DiGuido before striking and injuring him that July.
Duggan, a retired schoolteacher, was executing a left turn into his driveway from westbound Fox Road in Yorkville when his SUV collided with DiGuido, who was traveling eastbound on his motorcycle.
The settlement is the highest amount recorded in any Kendall County verdict or settlement for a motorcycle-related injury, according to John L. Kirkton of the Jury Verdict Reporter, a product of Law Bulletin Media.
Duggan did not suffer injuries in the collision, but he died four days later from injuries he suffered in an unrelated incident, said Robert P. Walsh Jr., a partner at Clifford Law Offices who represented the DiGuidos.
“We never got his deposition because of how soon he died after the incident, but he was brought into the police station for questioning, and … he just says, ‘I never saw the guy,’” Walsh said.
DiGuido suffered fractures to his pelvis, clavicle and his neck in the incident, Walsh said. He also required a below-the-knee amputation of his left leg, Walsh said.
“They took it pretty quick,” he said.
However, Walsh said DiGuido is able to use a prosthetic to help with his mobility.
“I’ve never met a more positive guy that’s had a more positive outlook despite what’s happened to him,” he said. “He’s very upbeat.”
Duggan’s estate initially disputed the lawsuit, Walsh said, which called for the parties to depose two Yorkville police officers, an Illinois state trooper, Duggan’s wife and the plaintiffs.
Walsh said the case also included an eyewitness who didn’t see the collision but saw DiGuido’s motorcycle pass her vehicle as she was waiting to pull out from a subdivision. The witness indicated DiGuido was not speeding as he passed her, and she encountered the collision after she executed a turn to travel in the same direction DiGuido was traveling.
“We had her saying that he wasn’t speeding, and then the Illinois state trooper attributed the cause of the accident as the defendant taking the left turn,” Walsh said. “It was shortly after the state trooper’s deposition that the defendants agreed to pay their policy limits.”
Sharon M. Peart, a partner at Chilton Yambert Porter LLP who represented Duggan’s estate, could not be reached for comment.
The Illinois 23rd Judicial Circuit Court case is Daniel DiGuido, et al., v. Pauline Duggan, 15 L 69.