Carol Ostrow Jul. 29, 2015, 2:40pm

An estate administrator is suing two individuals, alleging wrongful death and motor vehicle negligence in a crash that took her son’s life.

Helen Payton, special administrator for Andrew Smith, deceased, filed a lawsuit July 26 in Cook County Circuit Court against Harry Clemons and Jennifer S. Running of Chicago, alleging negligence in a fatal automobile accident.

According to the complaint, on March 5, Harry Clemons was operating a 2000 Cadillac Seville belonging to Jennifer Running and traveling northbound on Pulaski Road near its intersection with Gladys Street in Chicago. The suit says Smith was struck by Clemons' vehicle as he walked westbound across Pulaski Road at the Gladys Street junction.

The lawsuit states Smith passed away later that day at 41 and Payton was appointed special administrator July 28.

The suit says the defendant failed to keep a proper lookout, apply brakes, control his vehicle, reduce speed, sound his horn and yield the right of way to a pedestrian. Clemons is also charged with driving while under the influence of alcohol and/or drugs.

According to the suit, Smith never married or had children and his next of kin are listed as his parents and four siblings. The lawsuit states the family has suffered loss of companionship and substantial pecuniary loss.

Payton seeks judgment of more than $30,000, plus attorney fees and costs. She is represented by attorney John Marszalek of Marszalek & Marszalek in Chicago.

Cook County Circuit Court case number 2015L007647.

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