Karahodzic v. JBS Carriers, Inc., No. 16-3931 (7th Cir. 2018)Annotate this Case
Thompson pulled his JBS tractor/trailer onto the shoulder, activated his four‐way flashers, and fixed a malfunctioning light. With the flashers still on, he had just reentered the highway and was traveling 15-18 miles an hour when Hasib came around a curve and crashed into the back of his trailer. The impact killed Hasib instantly and set his E.J.A. truck on fire. Hasib’s son, Edin, who also drove for E.J.A., saw that his father’s truck on fire, parked, and attempted to pull his father from the cab. Edin suffered burns. On hearing of her husband’s death, Esma had to be taken to a hospital. As a result of Major Depressive Disorder, Esma never returned to work. Edin suffered PTSD. Hasib's daughter attempted suicide at her father’s grave. Hasib’s estate brought claims under the Illinois Wrongful Death Act and the Illinois rescue doctrine. The companies asserted counterclaims under the Joint Tortfeasor Contribution Act. On the wrongful death claim, a jury attributed 55 percent of the fault to Thompson and JBS and reduced its $5,000,000 damage award by 45 percent; it awarded Edin $625,000 on his rescue claim. The Seventh Circuit affirmed, upholding the court’s refusal to give a jury instruction on the duty to mitigate damages, instead giving instructions related to “careful habits” and “exigent circumstances.” The court rejected arguments that the court should have apportioned Edin’s award and that the court erred in allowing an award for Esma’s lost earnings.