Wheaton man hit by personal injury attorney awarded $400,000

A Cook County jury has awarded nearly $400,000 to a Wheaton man who was hurt when an SUV driven by a personal injury attorney smashed through the window of a fast-food restaurant in downtown Chicago.

Timothy Kelleher was one of seven people injured shortly after noon on Dec. 1, 2005 when the Volvo SUV driven by Sheldon Aberman exited a parking garage at Randolph and Wabash, clipped a pedestrian who was walking by, crossed Wabash and then plowed into the picture window of the eatery.

Kelleher was eating a beef sandwich at a window counter when the crash occurred, according to his lawyer Robert Walsh.

"He literally was on the second bite of his sandwich," said Walsh, a partner at Clifford Law Offices. "He took a bite, looked up, and this SUV had already jumped the curb and was three feet away from him about to crash right into the window."

Kelleher fractured an ankle and sustained other injuries that required surgery. David Duggan, the Chicago resident who was hit while walking in front of the parking garage, suffered a leg injury.

During the two-week trial, Aberman denied that he was liable. He called it "an act of God," claiming that he fainted just moments before the crash.

The courtroom battle centered on whether Aberman, who was 36 years old at the time, realized he was about to faint and had enough time to stop the SUV.

Walsh and attorney Craig Squillace, who represented Duggan, argued Aberman should have had 30 seconds to a few minutes of symptoms before losing consciousness.

Apparently, Aberman's attorneys couldn't convince the jury that the crash was unavoidable.

"They were blaming it on God," Walsh said, "and the jury didn't buy it."

Late Wednesday, the jury handed down a verdict that awarded Kelleher about $393,000 and nearly $24,000 for Duggan.

Walsh said Kelleher is "very pleased" with the outcome. Kelleher's medical bills were in excess of $60,000 and he continues to have problems with his ankle.

Messages left with Aberman's attorney and his former employer's lawyer weren't returned. The SUV that Aberman was driving was leased by the law firm where he worked at the time.