CHICAGO – A married couple from Indiana has filed a lawsuit against multiple defendants following a rear-end collision that occurred during a controlled burn, claiming it led to visibility issues.
Plaintiffs Timothy Desomer and Tammy Desomer filed a lawsuit in Cook County Circuit Court against defendants including: Amenity Roofing, Siding & Gutters, Richard Olmedo, Matthew C. Woods, John Gordon, The McGuire Agricultural and Investment Partnership, Mary L. McGuire, Lillian T. McGuire Living Trust, and the Estate of Donald R. McGuire. The lawsuit cites allegations of negligence.
According to court documents, the motor vehicle collision occurred on November 29, 2021, when the plaintiffs, who are residents of Indiana, were driving near the village of Oswego in Kendall County, Illinois; they allege that The McGuire Agricultural and Investment Partnership was conducting a controlled burn at the time that caused visibility issues on Ride Road in the City of Plainfield. The plaintiffs claim that in the middle of all the smoke, Olmedo, an employee of Amenity Roofing, Siding & Gutters who was driving a vehicle within the scope of his employment, collided with the rear of their vehicle.
Olmedo is accused of multiple forms of negligence, including failure to keep a proper lookout, failure to provide proper warning, failure to operate his vehicle at reasonable speeds, and following the plaintiff's vehicle more closely than was reasonable.
Amenity Roofing, Siding & Gutters is owned and operated by Woods and Gordon, and the lawsuit claims that they are vicariously liable for the actions of their employees.
The McGuire Agricultural and Investment Partnership, Mary L. McGuire, Lillian T. McGuire Living Trust and the Estate of Donald R. McGuire are accused of failing to control the fire on their property, resulting in thick smoke and creating visibility conditions on Ridge Road.
The plaintiffs claim that they suffered physical injuries and damages as a result of the collision. They are seeking an award in excess of $50,000 for pain, suffering, emotional distress, disfigurement, and loss of normal life, plus any other relief the court deems proper.
The plaintiffs are represented by attorneys Joseph A. Power, Jr., and James I. Power of Power Rogers, LLP, in Chicago.
Cook County Circuit Court case number 2023L011869