Family of 13-year-old boy killed in Yorkville crash receives record-setting $4.25 million

KENDALL COUNTY (August 1, 2022) – The family of a 13-year-old Yorkville boy who died in a crash on Route 71 in 2021 will receive a $4,250,000 settlement from a concrete company whose driver caused the collision. The settlement award is the highest reported Kendall County wrongful death settlement.

On August 2, 2021, Michael Burdiak was running errands in Yorkville with his son, Joseph (Joey). Joey was riding in the backseat of his father’s SUV traveling eastbound on I-71 near Ravine Court. As they were traveling along the single-lane highway, a Ford F450 traveling in the opposite direction and owned by Upland Concrete, Inc., crossed the center line and scraped the left side of the Burdiak’s vehicle, causing it to spin out of control and hit a guardrail. The angle of the impact caused severe trauma to the left side of Joey’s head, killing him instantly. Michael was taken to an area hospital with injuries that included three broken ribs. The driver of the truck, Christopher Martinez Santos, was not injured in the collision.

Defense attorneys argued Joey was improperly seated in a child’s booster seat, despite him being beyond the height and weight limits and there was evidence that he was not properly belted.

On July 28, 2021, during a mediation with Judge William E. Gomolinski, the parties agreed to settle the case for $4,250,000. The Plaintiffs were represented by Brian L. Salvi and Eirene N. Salvi of Salvi, Schostok & Pritchard, P.C.; the defendants were represented by Adam Kruezer of Esp, Kruezer, Cores LLP. The Jury Verdict Reporter has confirmed the settlement award is the highest reported Kendall County wrongful death settlement -the previous record-high Kendall County death settlement was $2.8 million.

“As parents, my wife (and co-counsel) Eirene and I were especially heartbroken by this case and our hearts go out to the Burdiaks as they continue to grieve this unimaginable loss,” Brian L. Salvi said. “While nothing will take away their pain, we hope this settlement will help provide the family with the means necessary to cope with the tremendous emotional trauma of their loss and medical bills incurred.”

Joey was a student at Yorkville Middle School where he played violin in the school’s band. He loved playing video games, soccer, art, and spending time with his family. Joey is remembered for his love of music and infectious laugh. He is survived by his parents, Michael and Tammy, and adult sister, Kelcie.

For more information, please contact Marcie Mangan at (312) 372-1227 or mmangan@salvilaw.com.

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Case No. 21 L 000084 [Estate of Joseph Burdiak, et al. v. Upland Concrete, et al.]