Lawsuit argues distracted driving, negligence in March fatal crash near Mooseheart
A wrongful-death lawsuit was filed this month against an Elburn man who was ticketed in a March crash that killed another driver near Mooseheart.
The lawsuit seeks unspecified damages from Brandon D. Haller, 24, in the March 29 death of Jose F. Quitl, 21, of Aurora.
Haller was cited for improper lane use in the crash, which occurred at about 10:17 a.m. on Route 31, just north of Mooseheart Road, according to court records.
The lawsuit, filed on behalf of Quitl's widow, Diana Quitl Gonzalez, and their two children, argues Haller was negligent, did not take proper precautions and may have been distracted, leading him to cross the road's centerline and into the southbound lanes, thus causing the crash.
Haller, who was driving a 2010 Ford F150 pickup truck, was treated for minor injuries.
Quitl, who was in a Chevy TrailBlazer, was pronounced dead at the scene.
Terry Heady, the attorney representing Quitl's family, said he did not know if Haller was talking on his cellphone or texting, but something caused him to drive into oncoming traffic.
"He left his lane suddenly and went into the opposite lane," Heady said.
Haller is serving a 90-day electronic home monitoring sentence after pleading guilty in July to a felony charge that he possessed nearly 12.5 ounces of marijuana in Geneva in March 2015, records show. He has previous arrests on charges of DUI and domestic battery.