CHICAGO -- A Carol Stream family was awarded more than $54
million for severe injuries suffered when their car was struck by a
train a year ago, the Chicago Daily Herald reports.
After
deliberating about four hours, a Cook County jury on Friday ordered
the Canadian National/Illinois Central Railroad to pay Fidel and
Francisca Velarde $21.3 million. The jury awarded their daughter,
Lilia Apulello, and her husband, Rafael, $34.4 million.
Both
Apulello and her parents suffered severe brain injuries when their
car was struck by a train Jan. 9, 2001, at the Army Trail Road
railroad crossing in Bloomingdale, just west of Gary
Avenue.
The warning gates were not working properly, the
railroad company admitted in court. It had issued a warning to train
crews to stop before going through the crossing, but the crew of the
train involved in the accident was incorrectly told the warning had
been rescinded, according to testimony.
Though the company
accepted responsibility for the accident, railroad attorney John
Kelly said Apulello, who was driving the car, could have avoided the
accident if she had paid more attention to her
surroundings.
Tim Cavanaugh, the Velardes' attorney, said he
was pleased with the verdict but wasn't surprised.
"It was
pretty clear from the start that the railroad made a mistake," he
said. "The jury obviously understood and appreciated the impact of
the injuries."