Estate administrator sues over fatal semi-trailer accident

Carol Ostrow Apr. 3, 2015, 12:24pm

A Cook County estate administrator has sued a trucking company and its employee-driver, alleging wrongful death of three individuals.

Maricela Ruiz, as special estate administrator for Elizabeth Peralta-Luna, Dylan Peralta and Elizabeth Peralta, filed a lawsuit March 9 in Cook County Circuit Court against Monson and Sons Inc., and its employee Zachary Barngrover, alleging liability in a March accident that killed three.

According to the complaint, on March 6, Barngrover was operating a semi-trailer truck as driver for Monson and Sons Inc. traveling westbound on 43rd Street in Chicago when Elizabeth Peralta-Luna and her two children, Dylan Peralta and Elizabeth Peralta, were pedestrians crossing Ashland Avenue at the intersection of 43rd Street. The suit states when Barngrover attempted to turn left onto southbound Ashland Avenue he struck and killed all three individuals.

The suit states Barngrover breached his duty to use ordinary care in driving the semi-trailer truck. The complaint cites negligence in the driver’s failure to operate the vehicle safely, keep a proper lookout, stop his vehicle in traffic, decrease speed to avoid collision with pedestrians, and yield the right of way before turning.

The negligence led to the three pedestrians sustaining fatal injuries, according to the complaint.

Ruiz seeks damages in excess of $50,000, plus attorney fees and costs. Ruiz is represented by the Law Offices of Scott B. Wolfman & Associates, and Dale & Pakenas, both of Chicago.

Cook County Circuit Court case number: 15-L-2393.

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