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Plaintiffs Allege Negligence Against Village Police Department Following Collision

COOK COUNTY RECORD

Sunday, April 20, 2025

Plaintiffs Allege Negligence Against Village Police Department Following Collision

State Court
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Circuit Court Of Cook County | Official Website

In a gripping case of alleged negligence, two individuals have filed a lawsuit against a local police department and one of its officers, claiming severe bodily harm due to a reckless vehicular incident. The complaint was filed by Magda Elena Canon Nunez and Kim Joo Young in the Circuit Court of Cook County, Illinois, on April 8, 2025, targeting the Village of Franklin Park and Officer Benji-Randy Cuyugan.

The plaintiffs allege that on May 18, 2022, they were victims of an accident involving a police vehicle driven by Officer Cuyugan. According to the complaint, while responding to an emergency call in Franklin Park, Illinois, Officer Cuyugan was driving at high speed without activating his siren—a critical safety measure intended to alert other motorists. This oversight allegedly led to a collision at the intersection of Grand Avenue and Scott Street where the plaintiffs were stationary in their vehicle. The complaint states that Field Training Officer Zach Romano was present in the vehicle but failed to ensure that Cuyugan adhered to standard operating procedures. "Romano instructed Cuyugan to activate the siren," the document notes, yet it remained silent as they sped through traffic.

The plaintiffs argue that this breach of duty by both officers resulted in their injuries. They claim that had proper protocol been followed—such as activating the siren or braking before entering intersections—the accident could have been avoided. They accuse Officer Cuyugan of negligence for not using his siren and failing to brake at a red light. Furthermore, they hold Franklin Park accountable under the doctrine of respondeat superior for allowing an inexperienced officer like Cuyugan to operate a police vehicle unsafely under inadequate supervision.

Nunez and Young are seeking judgment against both defendants for an amount to be determined at trial along with any additional relief deemed appropriate by the court. Their legal representation is provided by Brown, Udell, Pomerantz & Delrahim Ltd., with attorney Jeffery R. Beck leading their case.

The presiding judge has yet to be named in this case identified as Case No. 2025L004809.

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