Birmingham Injury Blog

The Chicago Personal Injury Lawyer Blog has posted an article about a rather strange, recently settled wrongful death case.

An 85 year old Illinois man confused the gas and brake pedals of his car, accidentally accelerating and crashing his vehicle into the side of a Subway restaurant. A restaurant patron was pinned between the car and the counter, which killed him.

A suit was filed on behalf of the decedent that involved several parties. However, the restaurant owner was found to be the most liable for the accident because he should have taken precautions to...

protect patrons from out-of-control vehicles crashing through their walls. Targeting the owner of the premises, in this case Subway, set the current case apart from many other theories of liability. The estate alleged that Subway's negligence in preventing the Illinois car accident was foreseeable because of the poorly designed parking lot and the lack of protective barriers between the lot and the front of the restaurant.

Subway paid a settlement of $1 million to the decedent's estate. The 85 year old man, Chrysler, the restaurant's owner, and the franchise also paid settlements.