Automobile Accident Complaint 4 (head-on collision)
Lindner, Speers & Reuland, P.C., By: George P. Lindner (01667491), Attorney for Administrator, 54 West Downer Place, P.O. Box 5055, Aurora, Illinois 60507-5055, 630/892-8109.
NOW COMES plaintiff and by Lindner, Speers & Reuland, P.C., as attorneys, and for his complaint against defendant Gina Terpstra states as follows:
1. That an automobile collision between an automobile being driven by Gina Terpstra and plaintiffs decedent occurred on October 29, 2003, 5:25 p.m. in the 700 block of Pine Street in the unincorporated area of the City of Batavia, Kane County, Illinois.
2. That at all times material defendant was operating a vehicle in a westerly direction on Pine Street and that plaintiff's decedent was walking from the south side of Pine street to the north side after having picked up her mail.
3. That defendant had a duty not to injure plaintiff but wholly notwithstanding that duty she negligently committed one or more of the following acts or omissions:
a. Failed to keep a proper look out.
b. Failed to drive her vehicle at a speed which was reasonable and proper considering the traffic, pedestrian traffic, and the conditions of the highway.
4. That as a direct and proximate result of defendant's negligence a collision occurred injuring Peggy Haines which said injuries ultimately resulted in the death of plaintiff's decedent.
5. The plaintiff's decedent left surviving, at the time of her death, four next of kin those next of kin being a son David Haines, and three daughters, Laura Mears, Karen Zellmer, and Sharon Haines, all of whom were dependant upon the decedent for socrety, companionship, guidance, instruction, and motherly support.
6. That as a direct and proximate result of defendant's negligence in the collision, injuries, and death which occurred, described above, plaintiff's next of kin has suffered damages compensable by Illinois law.
7. That David Haines is the administrator of the Estate of Peggy Haines.
WHEREFORE plaintiff prays for judgment against defendant in a sum in excess of FIFTY THOUSDAND DOLLARS ($50,000.00).
DATED this 4th day of November, 2003.
LINDNER, SPEERS & REULAND, P.C.
BY: George P. Lindner (01667491)
Attorney for Administrator
54 West Downer Place
P.O. Box 5055
Aurora, Illinois 60507-5055