Fittest loser
Article updated: 12/3/2013 1:59 PM

Lawsuit filed in police chase that killed 2 near Campton Hills

Zachary Bingham

Zachary Bingham

 
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A lawsuit has been filed stemming from the 2012 death of an 18-year-old from Maple Park who was struck and killed on Route 38 in Campton Hills by a woman fleeing police.

The attorney for the family of Zachary Bingham, a 2012 Kaneland High School graduate, argues a Kane County Sheriff's deputy should have called off the pursuit of Jennifer Liston, who also was killed in the crash while driving a Nissan Altima that was reported stolen out of Wheaton.

"The Binghams lost their only child," attorney Ken Levinson said. "Police chases can cause innocent people to be injured or even die and that's why we filed this lawsuit. It is our sincere hope that this type of tragedy does not happen to any other family."

The lawsuit said Bingham "exercised due care and responsibility" by pulling his car over onto the shoulder and coming to a stop at 8:45 a.m. Dec. 1, 2012, before Liston struck his vehicle.

The crash killed Liston, 30, of Madison, Wis., at the scene. Bingham, who was described as a dependable friend, volunteer and talented welder, died at 2:45 a.m. Dec. 2 from his injuries.

The crash on Route 38, just east of Pouley Road, also killed Bingham's dog and injured his girlfriend, who was a passenger in Bingham's Pontiac Grand Am. A 48-year-old Sugar Grove woman in another vehicle also was injured.

At the time, Campton Hills police said numerous witnesses reported the Altima was traveling more than 100 mph before the crash.

The lawsuit seeks damages for negligence and wrongful death from Deputy Nicholas Wolf and the sheriff's department, arguing Wolf knew or should have known the pursuit endangered others.

"Wolf acted in a willful and wanton manner by consciously disregarding the safety of the public, including Bingham," the lawsuit argues.

Sheriff Pat Perez said he has not been served with the lawsuit, and his office would not comment on pending litigation.

Both sides are due in court Feb. 13. Michael Bingham, the administrator of his son's estate, seeks a jury trial and unspecified damages.

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