The Chicago Personal Injury Law Blog

Lawsuit: Cop Allegedly Texting While Driving When He Killed Two Sisters

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Downstate in Belleville, the Associated Press reported on a $46 million wrongful death suit against ex-trooper Matt Mitchell for allegedly texting while driving 126 mph before hitting and killing two people. The 2007 wreck claimed the lives of 18-year-old Jessica Uhl and 13-year-old Kelli Uhl.

Illinois injury attorney Tom Keefe, representing the family of the victims, said the amount was justified because of the magnitude of the trooper's alleged negligence. Matt Mitchell pleaded guilty to reckless homicide and aggravate reckless driving and received probation, and then said he only pleaded guilty for fear he wouldn't get a fair trial.

This infuriated Tom Keefe, who was not involved with the criminal case:

"When are my clients going to get some justice? When?" "This case is surreal. You'd think at some point somebody would step up and take some responsibility."

He went on to call the former state trooper a "no good, rotten reprehensible excuse for a human being" as he pressed for $46 million in damages.

Assistant Illinois attorney general Tom Klein, however, argued that the trooper was driving "very, very fast" because he was responding to another incident. Also, he said the trooper was cut off by another car, forcing his car into the path of Jessica and Kelli Uhl. As far as the claim for damages is concerned, Tom Klein said any award should be within the $125,000 to $300,000 range, adding that there is a $2 million cap anyway.

The article did not venture to guess how the Illinois Court of Claims might decide this matter, but it's important to point out that the state is facing a $13 billion deficit and has plenty of pressure to keep lawsuit payouts to a minimum.

Matt Mitchell was sending and receiving emails and talking to his girlfriend on his mobile phone right before the collision, according to investigators.

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