Wrongful Death Suit Filed For Kane County Fatality

The family of 66-year-old East Dundee resident Diane J. Bonitzer, who was struck and killed by a pickup truck as she crossed the street, has filed suit for wrongful death (Daily Herald).

Bonitzer died on the morning of Aug. 25, 2009 after being hit by a Chevrolet Silverado driven by 32-year-old Elgin resident Francisco Rodriguez. Her cause of death was ruled by a coroner's jury as undetermined, while police found no evidence of impaired or distracted driving on the part of Rodriguez (he was tested for drugs and alcohol).

As the Daily Herald reports, Rodriguez appeared lucid and remorseful after the incident:

According to inquest testimony, Rodriguez did not attempt to flee and was sobbing at the scene when emergency crews arrived. He told police he didn't see Bonitzer as he turned left onto Route 31 from Willow Lane, authorities said.

Plaintiff's counsel, Illinois injury attorney Tim Reuland, told reporters that he's trying to get information about the defendant's speed and cell phone records at the time of the incident. He was quoted as saying that the intersection is "wide open" and the accident happened in broad daylight.

Wrongful death lawsuits often follow criminal charges, absent in this case. Rodriguez was given two unspecified traffic citations and paid a $300, according to court records cited in a Tribune article.

Judge Judith M. Brawka will preside over the suit on April 1, which accuses Rodriguez of failing to honk, drive safely or pay attention.