$9 Million Settlement Reached for Traumatic Brain Injury and Other Injuries Suffered by Pedestrian Struck by Pizza Delivery Driver

Zachary Spencer, who had autism, was walking to his parents’ home one night on a street with no sidewalk. Michael Hornaday, a Papa John’s Pizza delivery driver, braked when he saw Spencer in front of him. However, the Hornaday car slid into Spencer, severely injuring him.

Spencer, 24, suffered multiple fractures, two broken teeth, and a moderate traumatic brain injury. He underwent surgery, inpatient rehabilitation and dental work.

Spencer now walks with a limp, experiences pain and fatigue, and is unable to read for any length of time.

His medical expenses were $111,000. He was a grocery store employee earning $10 per hour at the time of the accident. He was able to return to work after one year.

Spencer and his parents sued Hornaday’s employer, Pizza Venture of San Antonio, alleging that Hornaday had been speeding and had chosen not to keep a proper lookout.

The Spencer family asserted that the computer system developed for Papa John’s franchises track drivers’ improper driving behavior, which showed that Hornaday had been driving improperly. The systems reporting included hundreds of other instances of Hornaday speeding in the month before this incident.

The Spencer family alleged that the defendant, Pizza Venture of San Antonio, had decided not to take disciplinary action or properly supervise Hornaday in advance of this incident. The lawsuit also charged that Hornaday had marijuana in his system at the time of the incident.

The defendants argued that Spencer should have been walking against traffic rather in the same direction of traffic, which would have prevented this occurrence.

Before trial, the parties settled for $9 million.

The attorneys successfully handling this case for the Spencer family were Thomas A. Crosley and Jarryd S. Morton.

The Spencer family’s attorneys engaged experts in life care planning, economics, neuropsychology, accident reconstruction, fleet management, vocational rehabilitation and neurology.

The defendant engaged experts in neurology, orthopedic surgery, accident reconstruction, economics and neuropsychology.

Spencer v. Pizza Venture of San Antonio, LLC, No. 2017 CI 08799 (Tex. Dist. Ct. Bexar County).

Kreisman Law Offices has been handling pedestrian accident lawsuits, traumatic brain injury cases, nursing home negligence lawsuits, truck accident cases, car accident cases and bicycle accident lawsuits for individuals, families and loved ones who have been injured, harmed or killed by the carelessness or negligence of another for more than 40 years in and around Chicago, Cook County and its surrounding areas, including Countryside, Orland Park, South Holland, Calumet City, Chicago Heights, Oswego, Oak Brook, Wheaton, Hinsdale, West Chicago, Elk Grove Village, Arlington Heights, Lincolnshire, Deerfield, Chicago (Logan Square, Brighton Park, Gage Park, Archer Heights, Garfield Ridge, Greater Grand Crossing, Fuller Park, Bronzeville, Indian Village, Hyde Park, Wrigleyville, Woodlawn, Douglas, River West, Ukrainian Village, Humboldt Park, Galewood, Roscoe Village), Oak Park, River Grove, Northlake, Bensenville, Bolingbrook, Waukegan and Hoffman Estates, Ill.

Robert D. Kreisman has been an active member of the Illinois and Missouri bars since 1976.