The mother of a North Aurora driver killed when a garbage truck hit her car is suing the truck driver and the disposal company.
The lawsuit, filed Tuesday in Kane County Circuit Court, says the truck had faulty brakes and its horn didn't work, and that the driver was driving too fast to avoid hitting Monica Warner's vehicle.
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Warner was killed around 6 a.m. May 15 when she turned left out of a private driveway on the south side of Fabyan and was struck by a truck traveling east on Fabyan Parkway in Geneva.
The crash occurred near Fabyan and Nagel Boulevard. Warner, 23, was leaving Batavia Rehabilitation Center, where she worked.
According to the lawsuit, the garbage truck, owned by Flood Brothers Disposal, lacked adequate brakes and an adequate horn. The brakes should have allowed the driver to control the truck and stop the vehicle, and the horn would have warned Warner the truck was approaching, according to the lawsuit.
The lawsuit charges that Matthew Flood, 22, drove too fast for traffic conditions and the use of the highway, drove a vehicle without adequate brakes, failed to sound a warning and failed to decrease his speed to avoid a collision.
No tickets or criminal charges have been filed against Matthew Flood, according to Kane County court records.
A Flood Brothers Disposal representative could not be reached for comment.