Cook County Record

Monday, December 9, 2019

Woman sues apartment owners over claims of battery, negligence, and infliction of emotional distress

By Robbie Hargett | Sep 10, 2015


A Bolingbrook woman is suing three Cook County residents following an incident in which one of the defendants allegedly physically assaulted the woman.

Elaine Hamilton filed a complaint Aug. 21 in Cook County Circuit Court against Ljubica Vasiljevic, Branka Borojevic and Steve Borojevic, alleging battery, negligence and infliction of emotional distress.

The complaint states that on April 20, 2013, Hamilton decided to rent a room at an apartment building, located at 7336 W. 39th St. in Lyons, owned by Branka and Steve Borojevic, the parents of Vasiljevic, who helped them manage the building.

After Hamilton moved into the room with her boyfriend, Charles, and her daughter, Malayah, the complaint states that the defendants began to treat them in a discriminatory manner because Charles is African-American.

The complaint states the defendants repeatedly used racial slurs about Charles, refused to provide Hamilton with a promised parking spot and storage space, and refused to take her rent checks and sought to evict her from the apartment, claiming she did not pay rent.

Then, on Aug. 26, 2013, the complaint states, someone rang Hamilton's doorbell, but when she checked, no one was there. She saw an SUV that she recognized as belonging to the defendants, specifically recalling it from when she received an eviction notice.

Hamilton was taking pictures of the SUV outside when Vasiljevic and her father approached her, Vasiljevic making an obscene gesture, the complaint states. Vasiljevic then attacked Hamilton without provocation, causing Hamilton to fall, striking her head and resulting in a concussion, among other injuries. Vasiljevic was then arrested by police, charged with battery, and pled guilty.

Hamilton seeks judgment against the defendants of more than $50,000, plus punitive damages and costs of the suit. She is represented by Douglas J. Kurtenbach, Gregory B. Sanford, Jonathan K. Tshiamala, and Andy Schrag of Kirkland & Ellis LLP in Chicago.

Cook County Circuit Court case number 2015L008602

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