August 22, 2023 • 24 mins
In the third and final episode of Season 3 of Beating Goliath, Tierney’s case is in the hands of the jury.
During closing arguments, Tierney’s attorneys suggested a verdict of around $175 million, while the defense attorneys for the city of Chicago suggested just about $30 million, a number not much different than their original settlement offer. It was clear both sides believed in their case – but it was only a matter of time before the jury would return their verdict and Tierney would hopefully, finally see justice.
After deliberating for about five hours, Tierney’s attorneys receive a call that the verdict is in. After rejecting one last settlement offer from the defense, Tierney’s attorneys find out if they made the right call in rejecting their offers.
Listen in to hear the jury’s final verdict.
Visit https://www.salvilaw.com/podcast/ for more information on Tierney’s case and the show.
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Transcript
Episode Transcript
Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Marcie Mangan (00:05):
From the Chicagoland law firm of Salvi,
Schostok, and Pritchard, this isbeating Goliath, a plaintiff's
pursuit of justice. Case number3, part 3, Tierney Darden versus
the city of Chicago. In our lastepisode, Tierney Darden's
attorneys presented her case toa Cook County jury. After both
(00:28):
sides completed their closingarguments, the case was now in
the hands of the jury who woulddecide how much Tierney should
be compensated for her injury.During closing arguments,
Tierney's attorneys suggested averdict of around a 175,000,000,
while the defense attorneys forthe city of Chicago suggested
just about 30,000,000, a numbernot much different than their
(00:50):
original settlement offer.
It was clear both sides believedin their case, but it was only a
matter of time before the jurywould return their verdict and
Tierney would hopefully andfinally see justice.
Patrick A. Salvi, Sr. (01:05):
They deliberated about 5 hours, which
was was good. There was a fewquestions in between. We wanted
them to take their time and gothrough each element and discuss
it fully.
Patrick A. Salvi II (01:19):
They were trying to settle the case, but
it just wasn't coming up to theright number. And we just felt
so good about it given howeverything went, and closings
were so powerful.
After closing arguments, butbefore we heard from the jury,
was that there were negotiationsas it related to what's called a
high low. A high low agreementis one where both sides are
(01:40):
looking to mitigate their risk.Those discussions were going on
here in the Darden case, whetheror not there should be a high
low, and, ultimately, no highlow came together.
Patrick A. Salvi, Sr. (01:51):
We were offered a high low of that where
the high was 75,000,000, and thelow was something like 40. But
we didn't feel that it waslikely to be less than
75,000,000. So we turned thatdown and decided to take the
verdict. I just felt in my gutthe the odds were it was gonna
(02:15):
exceed 75. I remember gettingthe getting the word that we
have a verdict.
Eirene Salvi (02:25):
The judge's clerk will call the parties and let us
know that there's a verdict. Sowe jump up, get all our things
together, call the family, makesure that they're there. And it
was a pretty crowded courtroom.
Patrick A. Salvi, Sr. (02:40):
It's always very, very exhilarating,
but a nervous time as you awaita verdict. It's very dramatic. A
lot at stake. And I remember thedefense lawyer asking me one
last time whether or not I wouldagree to the high low. We said,
no.
We're gonna take it. We're justgonna take the verdict.
Eirene Salvi (03:01):
Eventually, we get to the courtroom. We sit down.
And the were percent the jurywere percent that the group
elects to be their spokespersonor so to speak tells the judge
they have a verdict.
Patrick A. Salvi, Sr. (03:16):
Generally speaking, not always. Not that
always the case. But if if thejury if most of the jurors look
at you or certainly if they lookat you kind of favorably versus
coming in and not just, like,avoiding eye contact, each and
every one kinda like they'rethey're not too anxious to sit
(03:40):
in the courtroom and disappointyou. So I as I recall, it's not
like they were giving thumbs upto us as they walked in, but I
just generally had a favorablesense that they you know, if a
jury senses that what you'reabout to hear is gonna be you're
(04:02):
gonna like, they can't help.
Patrick A. Salvi II: They get a little bit They're (04:04):
undefined
not as poker faced as they wereduring the trial. The verdict
form was handed to the judge,and the judge went to read the
verdict. And she said, we, thejury, find in favor of Tierney
Darden and against the city ofChicago in the amount of, and it
(04:25):
started with 100. And I think Iblacked out at that point.
Eirene Salvi (04:30):
The judge reads, we, the jury, find for the
plaintiff Tierney Darden, andagainst the defendant, City of
Chicago, we assess the damagesof the sum up, $148,190,997 ,
itemized as follows, and shereads the breakdown. But I
remember when she read, weassessed the damages in the sum
(04:55):
of 140, and we were just like,oh my god. Like, I didn't hear
the rest of it.
Trudy Darden (05:04):
I knew it was going to be a good verdict. I
just did not expect that. So Ithink I inhaled very sharply,
and I don't think I could evenbreathe for a while because it
was it was just so stunning.
Tierney Darden (05:23):
When the verdict was being read, I can't even,
like, describe how great it feltbecause it it felt great, but it
was a shock. I wasn't expectingthat much.
Patrick A. Salvi, Sr. (05:39):
I had my son, Patrick, and my
daughter-in-law, Eirene, wasthey were very important parts
of the team and as were Jeff andand Tara. And and having Tierney
and her parents there, it was itwas it was great. It was like
being a moment I cherish everyday of my life.
Tierney Darden (06:02):
At court was when they were reading the
verdict, he held my hand thewhole time. And then I believe
he was crying and hugged me, andhe just felt like family.
Everyone felt like family.
David Darden (06:15):
When the verdict was read, first thought was
relief because now we knew thatTerry's needs wouldn't be
covered. There is cons the wholethe main reason we brought the
case forward to the first placewas because there is no way I
was gonna be able to pay forTierney's continued care.
Tara Devine (06:34):
It did feel great, and it also it felt great for me
to know that the jurorsrecognized to the best of their
ability what Tierney had gonethrough and what she'll continue
to go through.
Eirene Salvi (06:46):
There's kind of a vindication that you feel at the
end of all of the blood, sweat,tears that went into your
preparation of everything thatyour client went through. And
and just for them to justknowing that she felt seen and
heard a kind of understood bythis group of 12 people who
didn't even know who she was 10days ago.
Patrick A. Salvi, Sr. (07:08):
Every juror wanted to hug Tierney.
They lined up to hug her beforethey left, each one. If you
recall my my story of theproblem juror replaced by the
alternate, and it was thisalternate, this who became the
12 juror, who came up to me andsaid, I'm sorry, mister Selby. I
(07:29):
tried to I tried to get youmore. When you get a very
favorable verdict, it's a veryemotional thing.
You've been on trial severalweeks. There's a lot of anxiety.
You're very tired. And so whenyou get a very favorable result,
(07:51):
it's very exhilarating andemotional for the lawyers, for
the plaintiff. But it's a it's,it's tough for your opponent,
and you you have to beprofessional.
They expect you to celebrate tosome extent, but not over the
top at in the courtroom. Andit's more hugging and and then
(08:17):
and shaking hands with youropponents. Because it's we've
we've all been there where wedid not get a favorable result.
So you're not you you wanna beprofessional and and recognize
the the the good work that theydid and good effort that they
made.
Eirene Salvi (08:35):
The next morning, we had a press conference across
the street from our old officeat a hotel, and I was shocked at
how many different newspapers ornews channels or how many
different organizations wererepresented at the press
conference. This was a reallybig deal, and it felt very
(08:57):
surreal. It was like we couldfinally breathe again, knowing
that we made the right move andturning down 30,000,000.
Patrick A. Salvi II (09:06):
I can't say that I was expecting that
number. Do I think she deservedit? Absolutely. The verdict was
represented by far and away thehighest compensatory award ever
in the history of Illinois thatcontinues to this date
approaching 6 years later. Butit's not so much that we set the
(09:26):
record.
It's that Tierney's injury wasso severe that it demanded we
set the record.
Eirene Salvi (09:32):
It was a very long 2 years for her and her parents
just having to adjust toeverything. And sometimes the
parents were really nervousabout the risk, I guess,
rejecting the 30,000,000. It'sit's natural. It's a natural
(09:52):
response, but, you know, youjust can't lose sight of the
fact that this needs to last fordecades, a whole lifetime.
Patrick A. Salvi II (10:01):
While this verdict seems like an eye
popping number, it reallydoesn't even do justice to what
Tierney has to go through. Ifthere were an ad in the paper
that said, we will pay you a$148,000,000 And for the rest of
your life, you will be paralyzedfrom around the belly button
(10:27):
down. You will have pain everywaking moment. You will live
hour to hour on what your nextpain medication will be. Most
movements will be painful.
And every relationship that youhave in your life, every last
(10:48):
one of them will be diminishedin about as significant a way as
you can imagine. And in terms ofany emotional connection, it'll
always always be interrupted byyour physical condition and the
constant pain that you feel. Andyou're gonna have to do that
(11:09):
from your mid twenties for 50years. Nobody would take that
job, and anybody that did wouldregret it immediately.
David Darden (11:18):
Would you prefer your leg, or would you prefer
her the money? You know, I'msure she would pro would give
back all that money if she canonly walk again.
Patrick A. Salvi II (11:29):
The verdict only entitles you to a judgment.
It doesn't entitle you to anyactual money yet because there
can be post trials and appeals.And so
Tara Devine (11:38):
Unless you have some other agreement in place,
when a trial is done, they'reeven on admitted liability
trials, there's always thepotential for an appeal. One of
the biggest concerns about anappeal is your client has now
waited how long. Appeals cantake several years, 2, 3 years,
(11:59):
depending on how high up itgoes.
Eirene Salvi (12:02):
The verdict came in August 23, 2015. We went
through post trial motions sothe defense had filed a motion
to lower the verdict and becauseof x, y, and z rulings that they
felt were not correct. They gaveus
Tara Devine (12:22):
a lot more for our future medical expenses than we
had asked for, and so that wasalso one of the reasons why we
knew that there was a potentialfor appeal or at least reduction
because, in essence, the juryawarded an amount for future
medical expenses that was aboveand beyond even what we
(12:42):
suggested.
David Darden (12:43):
Obviously, the the defense viewed her continued
needs, her future needs,etcetera, as as much lower than
what our side looked at. Butwhen you looked at some of the
things that they had in theirlist of what she might need, to
me, it looked like it sort of,jury considered both sides and
combine the 2.
Tara Devine (13:03):
Our concern was that the courts would say, this
is too much, and a jury cannotin this situation, which we knew
was a bad situation, under thelaws here in Illinois, that is
too much. And and the verdictwouldn't stand for that amount,
and they would have reduced it.And then we're setting a
horrible precedent for all ofthe cases that come after us
because now they have a numberout there that the courts now in
(13:26):
Illinois will have could havefound, potentially, that you
could never get above. Even ifit's a clean case and everything
goes in well, as I said, therethat doesn't mean that there
can't be post trial motions.Doesn't mean that there is not a
risk of appeal.
So that's why our firm and ourclients readily agreed to
participate in post trial, postverdict settlement because we
(13:51):
wanted to remove that risk forthe clients.
Eirene Salvi (13:55):
We went to mediation in January 2018, and
it was an all day thing. We hadone of the best mediators, well
respected by both side both theplaintiffs at defense bars, and
we were able to reach asettlement agreement at the end
Tara Devine (14:12):
of the day. This was never going to bankrupt a
company or put the city ofChicago at they had so much
insurance. This was a quarter ofthe insurance or whatever they
had at the time. I think theyalso wanted to put an end to the
bad publicity that they hadalready received.
Eirene Salvi (14:31):
Tierney can finally pick her life back up
and get the treatment that sheneeds.
Patrick A. Salvi, Sr. (14:40):
It ultimately resolved very
favorably for Tierney andprovided her literally with all
of the resources necessary forher to get the best best best
medical care. It has been bestpain management care in the
country, which she has takenfull advantage of and and has
(15:04):
really improved her. I'm veryhappy to say has really improved
her life. That would not havebeen possible, but for the
unlimited resources that she hasat her disposal.
Tierney Darden (15:17):
The verdict really did help me out with
everything from medicine tosupplies, which you don't know
how many supplies you can gothrough in, like, a month, but
it's fast. It's basically been,I guess, kinda like the rock in
(15:40):
surviving this. It's reallyhelped with going to rehab, be
able to work out, and justhaving that stability is is
something that not a lot ofpeople have, and so I'm very
thankful for it.
David Darden (15:58):
We first learned about HuelI through a company
called Broadspire, But QLI,their their philosophy is
opioid's bad, activity good.
Trudy Darden (16:10):
The nurse who recommended QLI, she could not
stop saying enough about it. Andthen when the representative
came and spoke with us, it waslike, oh, she's going there.
Tara Devine (16:20):
It was like this amazing place where they help
wean you off of your opioidmedications and give you other
tools and skill sets to use.
Trudy Darden (16:27):
I think she was very depressed when she went out
there. I think that she was veryresigned going out there. None
of us were in a good place whenshe went out there. And we were
hoping, hoping that it was goingto be something that was gonna
(16:49):
be beneficial to her, which thenin turn would be beneficial to
us because then we would get ourdaughter back.
Tierney Darden (16:56):
I, like, diminished down to, like, this
sad, slow, sloth being. It wasbad.
Trudy Darden (17:05):
She was at a point where she knew she needed to do
something, but I also know shewas very scared, very, very
scared to be in a completelydifferent environment with
nobody around.
Tierney Darden (17:17):
Weaning off the opioids was probably the most
difficult thing I did there butbeing off opioids and I guess
learning how different of aperson I was because I thought I
was acting normal.
David Darden (17:34):
During the the wean off it was it was calls in
the middle of the night whereshe was just in absolute pain.
It is time when after she wasweaned off where there's less of
those calls. They said herweaned off period was longer
than most, that they havebecause of the amounts and of
(17:54):
opioids and her need foropioids. It was sort of rough,
or it was rough, not necessarilyfor me, but for her during that
wean off period because she washer body was, you know, missing
that medication, but they wereworking on getting her into
different activities, differentmindsets that she could use to
(18:16):
focus away from the need foropioids.
Tierney Darden (18:19):
They tried to get me to eat healthy, and then
I talked to a therapist andwhich I did before Quli, but
this was more geared on how tomanage your pain and not focus
on your pain. I would say Qulichanged my life.
Tara Devine (18:42):
I think Tierney, despite everything that she went
through, I think her entire lifeshe was just someone who had a
bright shining light inside ofher, and I truly believe that it
was her innate nature andpositivity that got her through
her recovery.
David Darden (18:58):
When she got off the opioids, her hands steadied
up. She became more clear. She'smore alert. She's doing new
things. She's got a trader atexport.
Tierney Darden (19:09):
I used to do art and I stopped because my hand
was shaking so much. But now I'msteady as a rock and I can paint
again. So I'm trying to get backinto that, like, artistic
streak.
David Darden (19:21):
She's a lot more clear. That handshake is gone,
but she's able to return to herart. She's thinking for herself.
She's taken over her ownhandling of her medications. So
previously been me taking careof all her medications, making
sure she was taking them ontime, and now she's got clear
enough head where she can dothat kind of thing herself.
Trudy Darden (19:44):
She's in a better place. So I know she's taken
care of. I know she can takecare of herself. I have my
daughter back. She's her funny,silly self again, which is what
she was before the accident.
She's so much more selfsufficient. She's cooking
dinners. She's driving herselfplaces, driving us to places. We
(20:06):
go to painting classes togethernow. She goes and works out now.
So it was life changing.
Eirene Salvi (20:14):
And it always makes me happy because she's
making art again. And she'sseeing her little nephews, and
she's she's picked up hobbiesagain. And these are just things
that she just was not gonna beable to do before she underwent
all of this treatment, whichobviously was not available to
(20:35):
her before, and that was amatter of resources and access.
So it certainly helped herimprove her quality of life. I
mean, that's really what this isall about.
Trudy Darden (20:48):
I think one of the proudest moments was when she
got her driver's license. It'sanother accomplishment for her.
Another thing you can do whetheryou're in a wheelchair or not.
Tierney Darden (20:58):
My life is much happier.
Tara Devine (21:01):
Mentally, she is in a great place. I think,
emotionally, she is in a greatplace for it not to her
catastrophic injury to notdefine her future and define
her. So it's like the most youcan hope for.
Trudy Darden (21:13):
You have to try to always see the best in the
situation where some days it'simpossible to do. Wake up the
next day and see if you can'tfind some gratitude in what that
day brought. We got so verylucky on so many levels. We went
to the right hospital with theright doctors. We went to the
(21:37):
right law firm and got theverdict that we needed.
We were able to go to the rightrehabilitation places.
Tierney Darden (21:46):
I wanna pay it forward now and make sure that
other people in my situation areable to be comfortable and have
a nice easygoing life like I didand help them out with the type
of rehab that I had and becausenot a lot of people get that
opportunity. And not a lot ofpeople, if they do get that
(22:07):
opportunity, get to stay as longas I did. I wanna be able to
provide the stability that I hadto other people in my kind of
condition.
Trudy Darden (22:16):
Tierney can do anything she wants to do if she
sets her mind to it. So she hasliterally very few on what she
can or can't do. The onlyrestriction she has are are what
she places on herself. So howcan I not be optimistic because
I don't I don't see anything buta bright future for her?
David Darden (22:44):
Charity's injury has helped with it's got those
shelters out of O'Hare, so itwon't happen to somebody else.
It's got people thinking, whereelse are there issues? So that's
a positive.
Patrick A. Salvi II (23:00):
A verdict like this is certainly a message
to anyone to be specific thathas the responsibility of
maintaining premises,particularly public ways. I hope
and pray that the city ofChicago,
Eirene Salvi (23:25):
Tierney and her health and her journey to
improving her condition, but itwas also extremely important for
the city to take responsibilityand take note of their lack of
care, their carelessness inmaintaining premises where
there's millions of people whogo through O'Hare. You bet that
(23:46):
they're they've got a routinenow for inspecting these these
shelters.
Tierney Darden (23:52):
I think now I've gotten to the point where I'm
just like, you messed up and youhad to deal with the
consequences and I hope youlearn from your mistake.
Marcie Mangan (24:13):
Thank you for listening to beating Goliath, a
plaintiff's pursuit of justice.Special thanks to Tierney Darden
for allowing us to share herstory. Feeding Goliath was
written and produced in house atSalvi, Schostok and Pritchard,
sound designed by Eric Sirianni,and editing by the talented team
at Salvi Media. To learn moreabout this case or to listen to
(24:34):
more episodes of FeedingGoliath, head to
salvilaw.com/podcast. Until nexttime.
From the Chicagoland law firm of Salvi,
Schostok, and Pritchard, this isbeating Goliath, a plaintiff's
pursuit of justice. Case number3, part 3, Tierney Darden versus
the city of Chicago. In our lastepisode, Tierney Darden's
attorneys presented her case toa Cook County jury. After both
(00:28):
sides completed their closingarguments, the case was now in
the hands of the jury who woulddecide how much Tierney should
be compensated for her injury.During closing arguments,
Tierney's attorneys suggested averdict of around a 175,000,000,
while the defense attorneys forthe city of Chicago suggested
just about 30,000,000, a numbernot much different than their
(00:50):
original settlement offer.
It was clear both sides believedin their case, but it was only a
matter of time before the jurywould return their verdict and
Tierney would hopefully andfinally see justice.
Patrick A. Salvi, Sr. (01:05):
They deliberated about 5 hours, which
was was good. There was a fewquestions in between. We wanted
them to take their time and gothrough each element and discuss
it fully.
Patrick A. Salvi II (01:19):
They were trying to settle the case, but
it just wasn't coming up to theright number. And we just felt
so good about it given howeverything went, and closings
were so powerful.
After closing arguments, butbefore we heard from the jury,
was that there were negotiationsas it related to what's called a
high low. A high low agreementis one where both sides are
(01:40):
looking to mitigate their risk.Those discussions were going on
here in the Darden case, whetheror not there should be a high
low, and, ultimately, no highlow came together.
Patrick A. Salvi, Sr. (01:51):
We were offered a high low of that where
the high was 75,000,000, and thelow was something like 40. But
we didn't feel that it waslikely to be less than
75,000,000. So we turned thatdown and decided to take the
verdict. I just felt in my gutthe the odds were it was gonna
(02:15):
exceed 75. I remember gettingthe getting the word that we
have a verdict.
Eirene Salvi (02:25):
The judge's clerk will call the parties and let us
know that there's a verdict. Sowe jump up, get all our things
together, call the family, makesure that they're there. And it
was a pretty crowded courtroom.
Patrick A. Salvi, Sr. (02:40):
It's always very, very exhilarating,
but a nervous time as you awaita verdict. It's very dramatic. A
lot at stake. And I remember thedefense lawyer asking me one
last time whether or not I wouldagree to the high low. We said,
no.
We're gonna take it. We're justgonna take the verdict.
Eirene Salvi (03:01):
Eventually, we get to the courtroom. We sit down.
And the were percent the jurywere percent that the group
elects to be their spokespersonor so to speak tells the judge
they have a verdict.
Patrick A. Salvi, Sr. (03:16):
Generally speaking, not always. Not that
always the case. But if if thejury if most of the jurors look
at you or certainly if they lookat you kind of favorably versus
coming in and not just, like,avoiding eye contact, each and
every one kinda like they'rethey're not too anxious to sit
(03:40):
in the courtroom and disappointyou. So I as I recall, it's not
like they were giving thumbs upto us as they walked in, but I
just generally had a favorablesense that they you know, if a
jury senses that what you'reabout to hear is gonna be you're
(04:02):
gonna like, they can't help.
Patrick A. Salvi II: They get a little bit They're (04:04):
undefined
not as poker faced as they wereduring the trial. The verdict
form was handed to the judge,and the judge went to read the
verdict. And she said, we, thejury, find in favor of Tierney
Darden and against the city ofChicago in the amount of, and it
(04:25):
started with 100. And I think Iblacked out at that point.
Eirene Salvi (04:30):
The judge reads, we, the jury, find for the
plaintiff Tierney Darden, andagainst the defendant, City of
Chicago, we assess the damagesof the sum up, $148,190,997 ,
itemized as follows, and shereads the breakdown. But I
remember when she read, weassessed the damages in the sum
(04:55):
of 140, and we were just like,oh my god. Like, I didn't hear
the rest of it.
Trudy Darden (05:04):
I knew it was going to be a good verdict. I
just did not expect that. So Ithink I inhaled very sharply,
and I don't think I could evenbreathe for a while because it
was it was just so stunning.
Tierney Darden (05:23):
When the verdict was being read, I can't even,
like, describe how great it feltbecause it it felt great, but it
was a shock. I wasn't expectingthat much.
Patrick A. Salvi, Sr. (05:39):
I had my son, Patrick, and my
daughter-in-law, Eirene, wasthey were very important parts
of the team and as were Jeff andand Tara. And and having Tierney
and her parents there, it was itwas it was great. It was like
being a moment I cherish everyday of my life.
Tierney Darden (06:02):
At court was when they were reading the
verdict, he held my hand thewhole time. And then I believe
he was crying and hugged me, andhe just felt like family.
Everyone felt like family.
David Darden (06:15):
When the verdict was read, first thought was
relief because now we knew thatTerry's needs wouldn't be
covered. There is cons the wholethe main reason we brought the
case forward to the first placewas because there is no way I
was gonna be able to pay forTierney's continued care.
Tara Devine (06:34):
It did feel great, and it also it felt great for me
to know that the jurorsrecognized to the best of their
ability what Tierney had gonethrough and what she'll continue
to go through.
Eirene Salvi (06:46):
There's kind of a vindication that you feel at the
end of all of the blood, sweat,tears that went into your
preparation of everything thatyour client went through. And
and just for them to justknowing that she felt seen and
heard a kind of understood bythis group of 12 people who
didn't even know who she was 10days ago.
Patrick A. Salvi, Sr. (07:08):
Every juror wanted to hug Tierney.
They lined up to hug her beforethey left, each one. If you
recall my my story of theproblem juror replaced by the
alternate, and it was thisalternate, this who became the
12 juror, who came up to me andsaid, I'm sorry, mister Selby. I
(07:29):
tried to I tried to get youmore. When you get a very
favorable verdict, it's a veryemotional thing.
You've been on trial severalweeks. There's a lot of anxiety.
You're very tired. And so whenyou get a very favorable result,
(07:51):
it's very exhilarating andemotional for the lawyers, for
the plaintiff. But it's a it's,it's tough for your opponent,
and you you have to beprofessional.
They expect you to celebrate tosome extent, but not over the
top at in the courtroom. Andit's more hugging and and then
(08:17):
and shaking hands with youropponents. Because it's we've
we've all been there where wedid not get a favorable result.
So you're not you you wanna beprofessional and and recognize
the the the good work that theydid and good effort that they
made.
Eirene Salvi (08:35):
The next morning, we had a press conference across
the street from our old officeat a hotel, and I was shocked at
how many different newspapers ornews channels or how many
different organizations wererepresented at the press
conference. This was a reallybig deal, and it felt very
(08:57):
surreal. It was like we couldfinally breathe again, knowing
that we made the right move andturning down 30,000,000.
Patrick A. Salvi II (09:06):
I can't say that I was expecting that
number. Do I think she deservedit? Absolutely. The verdict was
represented by far and away thehighest compensatory award ever
in the history of Illinois thatcontinues to this date
approaching 6 years later. Butit's not so much that we set the
(09:26):
record.
It's that Tierney's injury wasso severe that it demanded we
set the record.
Eirene Salvi (09:32):
It was a very long 2 years for her and her parents
just having to adjust toeverything. And sometimes the
parents were really nervousabout the risk, I guess,
rejecting the 30,000,000. It'sit's natural. It's a natural
(09:52):
response, but, you know, youjust can't lose sight of the
fact that this needs to last fordecades, a whole lifetime.
Patrick A. Salvi II (10:01):
While this verdict seems like an eye
popping number, it reallydoesn't even do justice to what
Tierney has to go through. Ifthere were an ad in the paper
that said, we will pay you a$148,000,000 And for the rest of
your life, you will be paralyzedfrom around the belly button
(10:27):
down. You will have pain everywaking moment. You will live
hour to hour on what your nextpain medication will be. Most
movements will be painful.
And every relationship that youhave in your life, every last
(10:48):
one of them will be diminishedin about as significant a way as
you can imagine. And in terms ofany emotional connection, it'll
always always be interrupted byyour physical condition and the
constant pain that you feel. Andyou're gonna have to do that
(11:09):
from your mid twenties for 50years. Nobody would take that
job, and anybody that did wouldregret it immediately.
David Darden (11:18):
Would you prefer your leg, or would you prefer
her the money? You know, I'msure she would pro would give
back all that money if she canonly walk again.
Patrick A. Salvi II (11:29):
The verdict only entitles you to a judgment.
It doesn't entitle you to anyactual money yet because there
can be post trials and appeals.And so
Tara Devine (11:38):
Unless you have some other agreement in place,
when a trial is done, they'reeven on admitted liability
trials, there's always thepotential for an appeal. One of
the biggest concerns about anappeal is your client has now
waited how long. Appeals cantake several years, 2, 3 years,
(11:59):
depending on how high up itgoes.
Eirene Salvi (12:02):
The verdict came in August 23, 2015. We went
through post trial motions sothe defense had filed a motion
to lower the verdict and becauseof x, y, and z rulings that they
felt were not correct. They gaveus
Tara Devine (12:22):
a lot more for our future medical expenses than we
had asked for, and so that wasalso one of the reasons why we
knew that there was a potentialfor appeal or at least reduction
because, in essence, the juryawarded an amount for future
medical expenses that was aboveand beyond even what we
(12:42):
suggested.
David Darden (12:43):
Obviously, the the defense viewed her continued
needs, her future needs,etcetera, as as much lower than
what our side looked at. Butwhen you looked at some of the
things that they had in theirlist of what she might need, to
me, it looked like it sort of,jury considered both sides and
combine the 2.
Tara Devine (13:03):
Our concern was that the courts would say, this
is too much, and a jury cannotin this situation, which we knew
was a bad situation, under thelaws here in Illinois, that is
too much. And and the verdictwouldn't stand for that amount,
and they would have reduced it.And then we're setting a
horrible precedent for all ofthe cases that come after us
because now they have a numberout there that the courts now in
(13:26):
Illinois will have could havefound, potentially, that you
could never get above. Even ifit's a clean case and everything
goes in well, as I said, therethat doesn't mean that there
can't be post trial motions.Doesn't mean that there is not a
risk of appeal.
So that's why our firm and ourclients readily agreed to
participate in post trial, postverdict settlement because we
(13:51):
wanted to remove that risk forthe clients.
Eirene Salvi (13:55):
We went to mediation in January 2018, and
it was an all day thing. We hadone of the best mediators, well
respected by both side both theplaintiffs at defense bars, and
we were able to reach asettlement agreement at the end
Tara Devine (14:12):
of the day. This was never going to bankrupt a
company or put the city ofChicago at they had so much
insurance. This was a quarter ofthe insurance or whatever they
had at the time. I think theyalso wanted to put an end to the
bad publicity that they hadalready received.
Eirene Salvi (14:31):
Tierney can finally pick her life back up
and get the treatment that sheneeds.
Patrick A. Salvi, Sr. (14:40):
It ultimately resolved very
favorably for Tierney andprovided her literally with all
of the resources necessary forher to get the best best best
medical care. It has been bestpain management care in the
country, which she has takenfull advantage of and and has
(15:04):
really improved her. I'm veryhappy to say has really improved
her life. That would not havebeen possible, but for the
unlimited resources that she hasat her disposal.
Tierney Darden (15:17):
The verdict really did help me out with
everything from medicine tosupplies, which you don't know
how many supplies you can gothrough in, like, a month, but
it's fast. It's basically been,I guess, kinda like the rock in
(15:40):
surviving this. It's reallyhelped with going to rehab, be
able to work out, and justhaving that stability is is
something that not a lot ofpeople have, and so I'm very
thankful for it.
David Darden (15:58):
We first learned about HuelI through a company
called Broadspire, But QLI,their their philosophy is
opioid's bad, activity good.
Trudy Darden (16:10):
The nurse who recommended QLI, she could not
stop saying enough about it. Andthen when the representative
came and spoke with us, it waslike, oh, she's going there.
Tara Devine (16:20):
It was like this amazing place where they help
wean you off of your opioidmedications and give you other
tools and skill sets to use.
Trudy Darden (16:27):
I think she was very depressed when she went out
there. I think that she was veryresigned going out there. None
of us were in a good place whenshe went out there. And we were
hoping, hoping that it was goingto be something that was gonna
(16:49):
be beneficial to her, which thenin turn would be beneficial to
us because then we would get ourdaughter back.
Tierney Darden (16:56):
I, like, diminished down to, like, this
sad, slow, sloth being. It wasbad.
Trudy Darden (17:05):
She was at a point where she knew she needed to do
something, but I also know shewas very scared, very, very
scared to be in a completelydifferent environment with
nobody around.
Tierney Darden (17:17):
Weaning off the opioids was probably the most
difficult thing I did there butbeing off opioids and I guess
learning how different of aperson I was because I thought I
was acting normal.
David Darden (17:34):
During the the wean off it was it was calls in
the middle of the night whereshe was just in absolute pain.
It is time when after she wasweaned off where there's less of
those calls. They said herweaned off period was longer
than most, that they havebecause of the amounts and of
(17:54):
opioids and her need foropioids. It was sort of rough,
or it was rough, not necessarilyfor me, but for her during that
wean off period because she washer body was, you know, missing
that medication, but they wereworking on getting her into
different activities, differentmindsets that she could use to
(18:16):
focus away from the need foropioids.
Tierney Darden (18:19):
They tried to get me to eat healthy, and then
I talked to a therapist andwhich I did before Quli, but
this was more geared on how tomanage your pain and not focus
on your pain. I would say Qulichanged my life.
Tara Devine (18:42):
I think Tierney, despite everything that she went
through, I think her entire lifeshe was just someone who had a
bright shining light inside ofher, and I truly believe that it
was her innate nature andpositivity that got her through
her recovery.
David Darden (18:58):
When she got off the opioids, her hands steadied
up. She became more clear. She'smore alert. She's doing new
things. She's got a trader atexport.
Tierney Darden (19:09):
I used to do art and I stopped because my hand
was shaking so much. But now I'msteady as a rock and I can paint
again. So I'm trying to get backinto that, like, artistic
streak.
David Darden (19:21):
She's a lot more clear. That handshake is gone,
but she's able to return to herart. She's thinking for herself.
She's taken over her ownhandling of her medications. So
previously been me taking careof all her medications, making
sure she was taking them ontime, and now she's got clear
enough head where she can dothat kind of thing herself.
Trudy Darden (19:44):
She's in a better place. So I know she's taken
care of. I know she can takecare of herself. I have my
daughter back. She's her funny,silly self again, which is what
she was before the accident.
She's so much more selfsufficient. She's cooking
dinners. She's driving herselfplaces, driving us to places. We
(20:06):
go to painting classes togethernow. She goes and works out now.
So it was life changing.
Eirene Salvi (20:14):
And it always makes me happy because she's
making art again. And she'sseeing her little nephews, and
she's she's picked up hobbiesagain. And these are just things
that she just was not gonna beable to do before she underwent
all of this treatment, whichobviously was not available to
(20:35):
her before, and that was amatter of resources and access.
So it certainly helped herimprove her quality of life. I
mean, that's really what this isall about.
Trudy Darden (20:48):
I think one of the proudest moments was when she
got her driver's license. It'sanother accomplishment for her.
Another thing you can do whetheryou're in a wheelchair or not.
Tierney Darden (20:58):
My life is much happier.
Tara Devine (21:01):
Mentally, she is in a great place. I think,
emotionally, she is in a greatplace for it not to her
catastrophic injury to notdefine her future and define
her. So it's like the most youcan hope for.
Trudy Darden (21:13):
You have to try to always see the best in the
situation where some days it'simpossible to do. Wake up the
next day and see if you can'tfind some gratitude in what that
day brought. We got so verylucky on so many levels. We went
to the right hospital with theright doctors. We went to the
(21:37):
right law firm and got theverdict that we needed.
We were able to go to the rightrehabilitation places.
Tierney Darden (21:46):
I wanna pay it forward now and make sure that
other people in my situation areable to be comfortable and have
a nice easygoing life like I didand help them out with the type
of rehab that I had and becausenot a lot of people get that
opportunity. And not a lot ofpeople, if they do get that
(22:07):
opportunity, get to stay as longas I did. I wanna be able to
provide the stability that I hadto other people in my kind of
condition.
Trudy Darden (22:16):
Tierney can do anything she wants to do if she
sets her mind to it. So she hasliterally very few on what she
can or can't do. The onlyrestriction she has are are what
she places on herself. So howcan I not be optimistic because
I don't I don't see anything buta bright future for her?
David Darden (22:44):
Charity's injury has helped with it's got those
shelters out of O'Hare, so itwon't happen to somebody else.
It's got people thinking, whereelse are there issues? So that's
a positive.
Patrick A. Salvi II (23:00):
A verdict like this is certainly a message
to anyone to be specific thathas the responsibility of
maintaining premises,particularly public ways. I hope
and pray that the city ofChicago,
Eirene Salvi (23:25):
Tierney and her health and her journey to
improving her condition, but itwas also extremely important for
the city to take responsibilityand take note of their lack of
care, their carelessness inmaintaining premises where
there's millions of people whogo through O'Hare. You bet that
(23:46):
they're they've got a routinenow for inspecting these these
shelters.
Tierney Darden (23:52):
I think now I've gotten to the point where I'm
just like, you messed up and youhad to deal with the
consequences and I hope youlearn from your mistake.
Marcie Mangan (24:13):
Thank you for listening to beating Goliath, a
plaintiff's pursuit of justice.Special thanks to Tierney Darden
for allowing us to share herstory. Feeding Goliath was
written and produced in house atSalvi, Schostok and Pritchard,
sound designed by Eric Sirianni,and editing by the talented team
at Salvi Media. To learn moreabout this case or to listen to
(24:34):
more episodes of FeedingGoliath, head to
salvilaw.com/podcast. Until nexttime.
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