Jury Awards $104.6 Million in Record Illinois Highway Construction Verdict

A Cook County jury has awarded $104.6 million to a couple injured in a limousine crash linked to the alleged negligent design of an Illinois highway construction zone, marking the largest road construction verdict in the state’s history. The verdict, delivered on October 9 after a four-week trial and six hours of deliberation, found the Illinois State Toll Highway Authority liable for catastrophic injuries sustained by Rob Rosa and for the injuries of his spouse, Michael Johnson.

The 2016 Crash and Allegations of Negligence

The case stemmed from a 2016 crash on Interstate 90 near Chicago’s O’Hare International Airport. According to the complaint, the limousine carrying Rosa, Johnson, and other passengers was traveling through a construction area when the driver failed to navigate a sharp curve and struck a concrete barrier. Plaintiffs alleged that the Illinois Tollway’s failure to post adequate warning signs and its use of a defective construction design created an unreasonably dangerous condition that directly led to the crash.

As a result of the collision, Rosa suffered a severe spinal cord injury that rendered him quadriplegic, while another passenger was killed. Johnson sustained injuries and sought damages for the loss of companionship and emotional distress caused by the incident.

Evidence of Design and Safety Failures

During trial, the plaintiffs’ attorneys presented extensive evidence showing that five of six required warning signs were missing from the construction site. They also demonstrated that the Illinois Tollway had approved design plans that deviated from national highway safety standards.

Plaintiffs’ counsel argued that both inadequate signage and noncompliant barriers contributed to the severity of the crash. “The crash would not have happened if there had been adequate signage in the construction zone,” attorney Timothy J. Cavanagh stated. “Even if it had occurred, if the temporary construction barrier had been designed and built according to required safety standards, the crash would not have been nearly as serious.”

The jury found these arguments compelling, determining that the Illinois State Toll Highway Authority bore primary responsibility for the unsafe conditions that caused the accident.

Record-Setting Damages and Compensation

The jury awarded Rosa $80.5 million, primarily for noneconomic damages including pain, suffering, and loss of normal life. Johnson received $24.1 million, with the majority of the award covering past and future loss of companionship.

According to the plaintiffs’ attorneys, the verdict represents the largest award in Illinois history for a construction zone-related injury or death. Counsel noted that the jury granted the full amount of damages requested during trial. Attorney Michael J. Sorich stated, “We hope the jury’s verdict sends a strong message that ignoring safety requirements and standards and putting citizens at risk will not be tolerated, and those guilty of it will be held accountable.”

Broader Implications for Roadway Design and Safety Compliance

The verdict underscores the potential legal exposure of state and local agencies when construction safety standards are not properly implemented. The case highlights the critical role of warning signage and compliance with federal highway design guidelines in mitigating accident risk and liability.

Legal analysts note that verdicts of this magnitude can prompt review of construction management practices and oversight procedures across other state projects. The outcome may encourage agencies and contractors to strengthen adherence to safety regulations, especially in high-traffic urban corridors such as the I-90 expressway.

A spokesperson for the Illinois State Toll Highway Authority said the agency is still reviewing the verdict and declined further comment. It remains to be seen whether the state will appeal or seek to reduce the damages through post-trial motions.

Case Details

Case Name: Johnson et al. v. Illinois State Toll Highway Authority
Court Name: Circuit Court of Cook County, Illinois
Case Number: 24-L-013349
Plaintiff Attorney(s): Cavanagh Sorich Law Group