Family of Mother Killed in Accident Sues Truck Driver, Channahon - The Chicago Personal Injury Law Blog

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Family of Mother Killed in Accident Sues Truck Driver, Channahon

The family of a Channahon woman who was killed in 2011 when a semi-trailer hit her car has brought a wrongful death suit against the truck driver and the woman’s hometown, the Chicago Sun-Times reports.

On May 10 of last year, 44-year-old Carolyn A. Grey was driving west on U.S. 6 in Channahon. According to police, a semi-trailer hit Grey’s SUV near Bell Road, forcing the vehicle into a pole.

Grey was pronounced dead at the scene of the accident, according to authorities. Her two children who were in the SUV with her were injured in the accident.

Grey’s family filed the lawsuit against the truck driver Michael Duffy and his employer, Estes Express Lines Inc. Although it hasn’t been reported, it’s likely that the family is suing the driver for negligence. According to Will County court records, Duffy was never cited for the crash.

The lawsuit also names Channahon as a defendant, claiming that the pole that Grey’s SUV was pinned against should’ve collapsed. According to the suit, if the pole had collapsed, the force of the impact would’ve been diminished.

The wrongful death suit is seeking more than $1 million in damages. Pecuniary, or financial, injury is generally the main measure of damages in a wrongful death action. Pecuniary damages often include loss of support from wages or otherwise, lost prospect of inheritance, and medical and funeral expenses. In calculating damages, the court will likely look at Grey’s salary as an ICU nurse at Provena Saint Joseph Medical Center and multiply it by the projected number of years she would’ve worked had she lived. The family may also claim damages for loss of companionship or consortium.

In suing Estes Express Lines Inc., the family of Carolyn A. Grey is likely arguing respondeat superior, a doctrine that makes an employer liable for the wrong of an employee if the act was committed within the scope of employment.

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