Automobile Accident Complaint 2 (suing driver and driver's employer)

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Circuit Court of Illinois,
County Department, Law Division.
Cook County
Thomas STEINBUCK, Plaintiff,
v.
Theodore DEBOER, Individually and as Agent of Veolia Environmental Services and/or Veolia ES Solid Waste Midwest, LLC and/or Veolia ES Solid Waste Leasing Corp. and/or Veolia ES Illinois LLC; and/or Veolia Enviromental Services; and/or Veolia ES Solid Waste Midwest, LLC.; and/or Veolia ES Solid Waste Leasing Corp.; and/or Veolia ES Illinois, LLC, Defendants.
April 28, 2009.
Complaint at Law
Attorney #35193, Ankin Law Office LLC, 162 West Grand Avenue, Chicago, IL 60654, 312.346.8780.

NOW COMES Plaintiff, THOMAS STEINBUCK, by and through her attorney, ANKIN LAW OFFICE LLC and complaining of Defendants, THEODORE DEBOER, Individually and as Agent of VEOLIA ENVIRONMENTAL SERVICES and/or VEOLIA ES SOLID WASTE MIDWEST, LLC and/or VEOLIA ES SOLID WASTE LEASING CORP. and/or VEOLIA ES ILLINOIS, LLC; and/or VEOLIA ENVIROMENTAL SERVICES; and/or VEOLIA ES SOLID WASTE MIDWEST, LLC; and/or VEOLIA ES SOLID WASTE LEASING CORP.; and/or VEOLIA ES ILLINOIS LLC states as follows:

COUNT I
(STEINBUCK V. DEBOER)

1. On and prior to June 18, 2008, North Avenue and 21st Avenue were public roadways in the City of Melrose Park, County of Cook, State of Illinois.

2. On or about June 18, 2008, at about 2:24 p.m., Plaintiff, THOMAS STEINBECK, was operating a 2006 Toyota Tacoma westbound on North Avenue, at or near its intersection with 21st Avenue in the City of Melrose Park, County of Cook, State of Illinois.

3. On or about June 18, 2008, one or more of the named Defendants, was the owner, operator and/or leasor of a 2004 Mack Granite, which was being driven by the Defendant, THEODORE DEBOER.

4. At the aforesaid time and place, Defendant, THEODORE DEBOER, was traveling in a westbound direction on North Avenue, at or near its intersection with 21 st Avenue, in the City of Melrose Park, County of Cook, State of Illinois.

5. At the aforesaid time and place, Defendant, THEODORE DEBOER, owed Plaintiff and others lawfully on the roads a duty to operate his motor vehicle safely and to exercise ordinary care so as to not negligently cause injury to those persons lawfully on the roadway to include Plaintiff herein, THOMAS STEINBUCK.

6. At the aforesaid time and place, Defendant, THEODORE DEBOER, drove his motor vehicle into; collided into and/or rear-ended with the motor vehicle driven by the Plaintiff, THOMAS STEINBUCK.

7. At the aforesaid time there was in full force and effect the following 625 Illinois Compiled Statute, 2006, 5/11-306 (c)(1)(c).:

“...vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication to proceed is shown.”

8. In breach of his duty of care, the Defendant, THEODORE DEBOER, was guilty of one or more of the following negligent acts and/or omissions and/or statutory violations:

(a) Carelessly and negligently operated, maintained and controlled his motor vehicle without keeping a sufficient look-out ahead for vehicles and persons on the roadway;

(b) Carelessly and negligently operated, maintained and controlled his motor vehicle without obeying proper traffic signal devices;

(c) In violation of 625 Illinois Compiled Statute, 2006, 5/11-306 (c)(1)(c), failed to operate, maintain and/or control his motor vehicle without obeying proper traffic signal devices;

(d) Carelessly and negligently failed to operate his automobile at a reasonable and safe speed to prevent injury; accidents and/or collisions;

(e) In violation of 625 Illinois Compiled Statute, 2006, 5/11-601 (a), drove a motor vehicle with a speed which is greater than was reasonable and proper with regard to the traffic conditions;

(f) Carelessly and negligently failed to keep his automobile under control at all times;

(g) Carelessly and negligently failed to slow or stop his automobile to avoid hitting; colliding and/or rear-ending the Plaintiff, THOMAS STEINBUCK's motor vehicle; and

(h) Was otherwise careless and negligent.

9. As a direct and proximate result of one or more of the foregoing negligent acts or omissions of the Defendant, THEODORE DEBOER, the Plaintiff, THOMAS STEINBUCK, sustained serious and permanent injuries; was required to seek extensive medical consultation and treatment; has expended, and will in the future expend, great sums of money to be healed and cured of his maladies; suffered, and will in the future continue to suffer, great pain, anguish and physical and mental suffering; and was deprived of earnings to which he might have otherwise been entitled.

WHEREFORE, the Plaintiff, THOMAS STEINBUCK, prays for judgment against the Defendant, THEODORE DEBOER, in such an amount in excess of this Court's jurisdictional requisite as will fairly and adequately compensate the Plaintiff for injuries, losses and damages as herein above alleged, costs of suit, and any further relief which this Honorable Court finds fair and just.

COUNT II
(STEINBUCK v. VEOLIA ENVIRONMENTAL SERVICES)

1-6. The Plaintiff adopts and realleges paragraphs 1 - 6 of Count I as paragraphs 1 - 6 of Count II as though set forth herein.

7. At all times relevant herein, the Defendant, THEODORE DEBOER, was operating his vehicle with the consent of, and as the authorized, actual, or apparent agent, and/or employee of the Defendant, VEOLIA ENVIRONMENTAL SERVICES.

8. At all times relevant herein, the Defendant, VEOLIA ENVIRONMENTAL SERVICES, by and through his authorized, actual, or apparent agent, had a duty to exercise a reasonable degree of care and caution in the operation, management and control of said motor vehicle in such a manner as not to carelessly and negligently cause injury to persons or property rightfully and lawfully upon the public way.

9. At the aforesaid time there was in full force and effect the following 625 Illinois Compiled Statute, 2006, 5/11-306 (c)(1)(c).:

“...vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication to proceed is shown.”

10. In breach of his duty of care, the Defendant, VEOLIA ENVIRONMENTAL SERVICES, by and through his agent, the Defendant, THEODORE DEBOER, was guilty of one or more of the following negligent acts and/or omissions:

(a) Carelessly and negligently operated, maintained and controlled his motor vehicle without keeping a sufficient look-out ahead for vehicles and persons on the roadway;

(b) Carelessly and negligently operated, maintained and controlled his motor vehicle without obeying proper traffic signal devices;

(c) In violation of 625 Illinois Compiled Statute, 2006, 5/11-306 (c)(1)(c), failed to operate, maintain and/or control his motor vehicle without obeying proper traffic signal devices;

(d) Carelessly and negligently failed to operate his automobile at a reasonable and safe speed to prevent injury; accidents and/or collisions;

(e) In violation of 625 Illinois Compiled Statute, 2006, 5/11-601 (a), drove a motor vehicle with a speed which is greater than was reasonable and proper with regard to the traffic conditions;

(f) Carelessly and negligently failed to keep his automobile under control at all times;

(g) Carelessly and negligently failed to slow or stop his automobile to avoid hitting; colliding and/or rear-ending the Plaintiff, THOMAS STEINBUCK's motor vehicle; and

(h) Carelessly and negligently gave the possession and use of his motor vehicle into the care and custody of the Defendant, THEODORE DEBOER, knowing that his ability and reliability to drive the vehicle was such that he was placing a careless, negligent and unsafe driver upon the streets when he knew or, in the exercise of ordinary care, should have known that he might or could cause injury to other persons and property rightfully and lawfully upon the public way;

(i) was otherwise careless and negligent.

11. As a direct and proximate result of one or more of the foregoing negligent acts or omissions of Defendant, VEOLIA ENVIRONMENTAL SERVICES, Plaintiff, THOMAS STEINBUCK, sustained serious and permanent injuries; was required to seek extensive medical consultation and treatment; has expended, and will in the future expend, great sums of money to be healed and cured of her maladies; suffered, and will in the future continue to suffer, great pain, anguish and physical and mental suffering; and was deprived of earnings to which she might have otherwise been entitled.

12. As a direct and proximate result of one or more of the foregoing negligent acts or omissions of Defendant, VEOLIA ENVIRONMENTAL SERVICES, Plaintiff, THEODORE DEBOER, sustained damage to his vehicle; has expended, and will in the future expend, great sums of money to fix her vehicle.

WHEREFORE, Plaintiff, THOMAS STEINBUCK, prays for judgment against Defendant, VEOLIA ENVIRONMENTAL SERVICES, in such an amount in excess of this Court's jurisdictional requisite as will fairly and adequately compensate Plaintiff for injuries, losses and damages as herein above alleged, costs of suit, and any further relief which this Honorable Court finds fair and just.

COUNT III
(STEINBUCK v. VEOLIA ES SOLID WASTE MIDWEST, LLC)

1-6. The Plaintiff adopts and realleges paragraphs 1 - 6 of Count I as paragraphs 1 - 6 of Count III as though set forth herein.

7. At all times relevant herein, the Defendant, THEODORE DEBOER, was operating his vehicle with the consent of, and as the authorized, actual, or apparent agent, and/or employee of the Defendant, VEOLIA ES SOLID WASTE MIDWEST, LLC.

8. At all times relevant herein, the Defendant, VEOLIA ES SOLID WASTE MIDWEST, LLC, by and through his authorized, actual, or apparent agent, had a duty to exercise a reasonable degree of care and caution in the operation, management and control of said motor vehicle in such a manner as not to carelessly and negligently cause injury to persons or property rightfully and lawfully upon the public way.

9. At the aforesaid time there was in full force and effect the following 625 Illinois Compiled Statute, 2006, 5/11-306 (c)(1)(c).:

“...vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication to proceed is shown.”

10. In breach of his duty of care, the Defendant, VEOLIA ES SOLID WASTE MIDWEST, LLC, by and through his agent, the Defendant, THEODORE DEBOER, was guilty of one or more of the following negligent acts and/or omissions:

(a) Carelessly and negligently operated, maintained and controlled his motor vehicle without keeping a sufficient look-out ahead for vehicles and persons on the roadway;

(b) Carelessly and negligently operated, maintained and controlled his motor vehicle without obeying proper traffic signal devices;

(c) In violation of 625 Illinois Compiled Statute, 2006, 5/11-306 (c)(1)(c), failed to operate, maintain and/or control his motor vehicle without obeying proper traffic signal devices;

(d) Carelessly and negligently failed to operate his automobile at a reasonable and safe speed to prevent injury; accidents and/or collisions;

(e) In violation of 625 Illinois Compiled Statute, 2006, 5/11-601 (a), drove a motor vehicle with a speed which is greater than was reasonable and proper with regard to the traffic conditions;

(f) Carelessly and negligently failed to keep his automobile under control at all times;

(g) Carelessly and negligently failed to slow or stop his automobile to avoid hitting; colliding and/or rear-ending the Plaintiff, THOMAS STEINBUCK's motor vehicle; and

(h) Carelessly and negligently gave the possession and use of his motor vehicle into the care and custody of the Defendant, THEODORE DEBOER, knowing that his ability and reliability to drive the vehicle was such that he was placing a careless, negligent and unsafe driver upon the streets when he knew or, in the exercise of ordinary care, should have known that he might or could cause injury to other persons and property rightfully and lawfully upon the public way;

(i) was otherwise careless and negligent.

11. As a direct and proximate result of one or more of the foregoing negligent acts or omissions of Defendant, VEOLIA ES SOLID WASTE MIDWEST, LLC, Plaintiff, THOMAS STEINBUCK, sustained serious and permanent injuries; was required to seek extensive medical consultation and treatment; has expended, and will in the future expend, great sums of money to be healed and cured of her maladies; suffered, and will in the future continue to suffer, great pain, anguish and physical and mental suffering; and was deprived of earnings to which she might have otherwise been entitled.

12. As a direct and proximate result of one or more of the foregoing negligent acts or omissions of Defendant, VEOLIA ES SOLID WASTE MIDWEST, LLC, Plaintiff, THEODORE DEBOER, sustained damage to his vehicle; has expended, and will in the future expend, great sums of money to fix her vehicle.

WHEREFORE, Plaintiff, THOMAS STEINBUCK, prays for judgment against Defendant, VEOLIA ES SOLID WASTE MIDWEST, LLC, in such an amount in excess of this Court's jurisdictional requisite as will fairly and adequately compensate Plaintiff for injuries, losses and damages as herein above alleged, costs of suit, and any further relief which this Honorable Court finds fair and just.

COUNT IV
(STEINBUCK v. VEOLIA ES SOLID WASTE LEASING CORP.)

1-6. The Plaintiff adopts and realleges paragraphs 1 - 6 of Count I as paragraphs 1 - 6 of Count IV as though set forth herein.

7. At all times relevant herein, the Defendant, THEODORE DEBOER, was operating his vehicle with the consent of, and as the authorized, actual, or apparent agent, and/or employee of the Defendant, VEOLIA ES SOLID WASTE LEASING CORP.

8. At all times relevant herein, the Defendant, VEOLIA ES SOLID WASTE LEASING CORP., by and through his authorized, actual, or apparent agent, had a duty to exercise a reasonable degree of care and caution in the operation, management and control of said motor vehicle in such a manner as not to carelessly and negligently cause injury to persons or property rightfully and lawfully upon the public way.

9. At the aforesaid time there was in full force and effect the following 625 Illinois Compiled Statute, 2006, 5/11-306 (c)(1)(c).:

“...vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication to proceed is shown.”

10. In breach of his duty of care, the Defendant, VEOLIA ES SOLID WASTE LEASING CORP., by and through his agent, the Defendant, THEODORE DEBOER, was guilty of one or more of the following negligent acts and/or omissions:

(a) Carelessly and negligently operated, maintained and controlled his motor vehicle without keeping a sufficient look-out ahead for vehicles and persons on the roadway;

(b) Carelessly and negligently operated, maintained and controlled his motor vehicle without obeying proper traffic signal devices;

(c) In violation of 625 Illinois Compiled Statute, 2006, 5/11-306 (c)(1)(c), failed to operate, maintain and/or control his motor vehicle without obeying proper traffic signal devices;

(d) Carelessly and negligently failed to operate his automobile at a reasonable and safe speed to prevent injury; accidents and/or collisions;

(e) In violation of 625 Illinois Compiled Statute, 2006, 5/11-601 (a), drove a motor vehicle with a speed which is greater than was reasonable and proper with regard to the traffic conditions;

(f) Carelessly and negligently failed to keep his automobile under control at all times;

(g) Carelessly and negligently failed to slow or stop his automobile to avoid hitting; colliding and/or rear-ending the Plaintiff, THOMAS STEINBUCK's motor vehicle; and

(h) Carelessly and negligently gave the possession and use of his motor vehicle into the care and custody of the Defendant, THEODORE DEBOER, knowing that his ability and reliability to drive the vehicle was such that he was placing a careless, negligent and unsafe driver upon the streets when he knew or, in the exercise of ordinary care, should have known that he might or could cause injury to other persons and property rightfully and lawfully upon the public way;

(i) was otherwise careless and negligent.

11. As a direct and proximate result of one or more of the foregoing negligent acts or omissions of Defendant, VEOLIA ES SOLID WASTE LEASING CORP., Plaintiff, THOMAS STEINBUCK, sustained serious and permanent injuries; was required to seek extensive medical consultation and treatment; has expended, and will in the future expend, great sums of money to be healed and cured of her maladies; suffered, and will in the future continue to suffer, great pain, anguish and physical and mental suffering; and was deprived of earnings to which she might have otherwise been entitled.

12. As a direct and proximate result of one or more of the foregoing negligent acts or omissions of Defendant, VEOLIA ES SOLID WASTE LEASING CORP., Plaintiff, THEODORE DEBOER, sustained damage to his vehicle; has expended, and will in the future expend, great sums of money to fix her vehicle.

WHEREFORE, Plaintiff, THOMAS STEINBUCK, prays for judgment against Defendant, VEOLIA ES SOLID WASTE LEASING CORP., in such an amount in excess of this Court's jurisdictional requisite as will fairly and adequately compensate Plaintiff for injuries, losses and damages as herein above alleged, costs of suit, and any further relief which this Honorable Court finds fair and just.

COUNT V
(STEINBUCK v. VEOLIA ES ILLINOIS LLC)

1-6. The Plaintiff adopts and realleges paragraphs 1 - 6 of Count I as paragraphs 1 - 6 of Count V as though set forth herein.

7. At all times relevant herein, the Defendant, THEODORE DEBOER, was operating his vehicle with the consent of, and as the authorized, actual, or apparent agent, and/or employee of the Defendant, VEOLIA ES ILLINOIS LLC.

8. At all times relevant herein, the Defendant, VEOLIA ES ILLINOIS LLC, by and through his authorized, actual, or apparent agent, had a duty to exercise a reasonable degree of care and caution in the operation, management and control of said motor vehicle in such a manner as not to carelessly and negligently cause injury to persons or property rightfully and lawfully upon the public way.

9. At the aforesaid time there was in full force and effect the following 625 Illinois Compiled Statute, 2006, 5/11-306 (c)(1)(c).:

“...vehicular traffic facing a steady circular red signal alone shall stop at a clearly marked stop line, but if there is no such stop line, before entering the crosswalk on the near side of the intersection, or if there is no such crosswalk, then before entering the intersection, and shall remain standing until an indication to proceed is shown.”

10. In breach of his duty of care, the Defendant, VEOLIA ES ILLINOIS LLC, by and through his agent, the Defendant, THEODORE DEBOER, was guilty of one or more of the following negligent acts and/or omissions:

(a) Carelessly and negligently operated, maintained and controlled his motor vehicle without keeping a sufficient look-out ahead for vehicles and persons on the roadway;

(b) Carelessly and negligently operated, maintained and controlled his motor vehicle without obeying proper traffic signal devices;

(c) In violation of 625 Illinois Compiled Statute, 2006, 5/11-306 (c)(1)(c), failed to operate, maintain and/or control his motor vehicle without obeying proper traffic signal devices;

(d) Carelessly and negligently failed to operate his automobile at a reasonable and safe speed to prevent injury; accidents and/or collisions;

(e) In violation of 625 Illinois Compiled Statute, 2006, 5/11-601 (a), drove a motor vehicle with a speed which is greater than was reasonable and proper with regard to the traffic conditions;

(f) Carelessly and negligently failed to keep his automobile under control at all times;

(g) Carelessly and negligently failed to slow or stop his automobile to avoid hitting; colliding and/or rear-ending the Plaintiff, THOMAS STEINBUCK's motor vehicle; and

(h) Carelessly and negligently gave the possession and use of his motor vehicle into the care and custody of the Defendant, THEODORE DEBOER, knowing that his ability and reliability to drive the vehicle was such that he was placing a careless, negligent and unsafe driver upon the streets when he knew or, in the exercise of ordinary care, should have known that he might or could cause injury to other persons and property rightfully and lawfully upon the public way;

(i) was otherwise careless and negligent.

11. As a direct and proximate result of one or more of the foregoing negligent acts or omissions of Defendant, VEOLIA ES ILLINOIS LLC, Plaintiff, THOMAS STEINBUCK, sustained serious and permanent injuries; was required to seek extensive medical consultation and treatment; has expended, and will in the future expend, great sums of money to be healed and cured of her maladies; suffered, and will in the future continue to suffer, great pain, anguish and physical and mental suffering; and was deprived of earnings to which she might have otherwise been entitled.

12. As a direct and proximate result of one or more of the foregoing negligent acts or omissions of Defendant, VEOLIA ES ILLINOIS LLC, Plaintiff, THEODORE DEBOER, sustained damage to his vehicle; has expended, and will in the future expend, great sums of money to fix her vehicle.

WHEREFORE, Plaintiff, THOMAS STEINBUCK, prays for judgment against Defendant, VEOLIA ES ILLINOIS LLC, in such an amount in excess of this Court's jurisdictional requisite as will fairly and adequately compensate Plaintiff for injuries, losses and damages as herein above alleged, costs of suit, and any further relief which this Honorable Court finds fair and just.

Attorney for Plaintiff
Attorney #35193
ANKIN LAW OFFICE LLC
162 West Grand Avenue
Chicago, IL 60654
312.346.8780

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