CHICAGO — Two motorists have filed a lawsuit after a tow truck driver allegedly struck their vehicle while trying to drive around them when they were making a turn.
According to a complaint filed in Cook County Circuit Court, on Feb. 23, 2022, plaintiffs Ericka Topacio and Cian Martin were traveling northbound on N. Milwaukee Avenue and were attempting to make a left-hand turn at its intersection with N. Honore Street when they were hit by a tow truck that tried to veer around them. According to the lawsuit, the tow truck was driven by defendant Aaron Zawadzki, an employee of defendant Protective Parking Service, who was driving within the scope of his employment with the company.
Zawadzki is accused of several acts of negligence, including failing to exercise caution and care expected of a reasonable person, failing to maintain an adequate lookout, failing to yield the proper right of way, failing to stay within his designated lane, failing to reduce the speed of his vehicle to avoid an accident, attempting an unsafe and improper pass, and general negligence. Protective Parking Service is accused of hiring Zawadzki, failing to adequately train Zawadzki, and entrusting a vehicle to Zawadzki.
The plaintiffs claimed to have sustained serious injuries as a result of the vehicle accident. They are seeking damages in excess of $50,000 for pain, suffering, mental anguish, and medical expenses, plus court costs.
The plaintiffs are represented by attorney Cameron J. Tober of Taxman, Pollock, Murray, & Bekkerman, LLC, in Chicago.
Cook County Circuit Court case number 2024L000540