Expectant mother of four asks court for permission to sue over her husband's car crash death

By Carol Ostrow | Jun 5, 2015


A Cook County woman has filed a petition seeking to be named estate administrator in order to sue over her husband's alleged wrongful death in a car crash.

Nayeli Delgado-Gutierrez, seeking to be named special administrator of the estate of Carlos Garcia, filed a petition June 2 in Cook County Circuit Court against JB Seeboth, doing business as Affordable Car and Marine Care; Professional Transportation Inc.; United Leasing; and Randall L. Burrell, regarding a March accident.

According to the filing, on March 15, Carlos Garcia died of injuries sustained in a motor vehicle accident, leaving behind his partner, the plaintiff; their four minor children; and an unborn child. The suit states Garcia’s only surviving heirs are Carlos Yahir Garcia, Samantha Garcia Delgado, Edward Garcia Delgado, and Karla Garcia Delgado, who are in the care of their mother, Nayeli Delgado-Gutierrez.

The document states no probate estate has been opened and, therefore, no petition for letters of administration relating to the case has ever been filed.

Delgado-Gutierrez seeks to be appointed special administrator of the decedent’s estate and states her intention to file a wrongful death suit. She further states this course of action for wrongful death is the sole asset of her late partner’s estate. She is represented by attorney Kenneth Levinson, of Levinson & Stefani in Chicago.

Cook County Circuit Court Case No.: 15-L-5560.

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