Man to get $5M to settle lawsuit 2017 motorcycle crash left him severely injured Mokena

A Mokena man will receive a $5 million out-of-court settlement stemming from a 2017 motorcycle crash in Downers Grove that left him with serious and ongoing injuries, according to his lawyers.

The settlement for Mark Bretall, 59, was reached Tuesday, and attorneys said they believe it was the largest dollar amount settlement for a motorcycle accident in DuPage County.

Bretall was traveling on his motorcycle south on Main Street on Sept. 14, 2017, approaching the intersection with Maple Avenue when a landscaping truck made an improper turn and hit the motorcycle, Sean Driscoll, founder of Driscoll Law Group, said Thursday.

Bretall was not wearing a helmet and suffered a traumatic brain injury and fractures in his feet.

Bretall was at Advocate Good Samaritan Hospital in Downers Grove from the day of the crash until Oct. 3, when he was released to Shirley Ryan Rehabilitation Institute for physical therapy and other treatment, Driscoll said.

The settlement was reached with the insurance carrier for the landscaping company whose truck was involved in the crash, he said.

Driscoll said a trial date had not been set when the settlement was reached, with the help of a mediator.

The payout will help Bretall with medical bills and part of the money will also go toward his ongoing care, Driscoll said.

"He's still suffering the effects of the traumatic brain injury," Driscoll said.

Bretall works as an electrician and has been able to continue in his job after his rehabilitation, Driscoll said.

Bretall was represented by Clifford Law Offices and the Driscoll Law Group, both of Chicago.

According to the firms, the settlement is the largest ever recorded in DuPage County involving a motorcycle accident, citing the Jury Verdict Reporter that tracks settlements and verdicts throughout Illinois.

The previous largest settlement was $2.6 million in 2018, the law firms said.

"Mr. Bretall suffered a traumatic brain injury for something that was completely avoidable," Yvette Loizon, a partner at Clifford, said in a news release.

"In addition, he suffers from memory loss and lingering issues caused by the many fractures he sustained throughout his body when he was ejected from his motorcycle and it landed on top of him, rendering him unconscious," Loizon said in the release.

"These life-changing injuries are very difficult for him and his very supportive wife."

Driscoll said the driver of the landscaping truck was found guilty of failing to yield to avoid an accident.

"The weather that day was clear visibility, but the driver simply didn't take the proper precautions to see and hear Mr. Bretall as he was making a legal turn," Driscoll said.

"Mr. Bretall will experience pain and discomfort for the rest of his life that will prevent him from engaging in activities, like riding his motorcycle, which he previously enjoyed."

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