Lawsuit filed in fatal St. Charles crash
The mother of a 16-year-old Burlington-Central High School student who died in a St. Charles Township crash last fall has filed suit against the other driver.
Jerry J. Martinez of Elgin was killed Sept. 25, 2009, when the Toyota Camry he was driving collided with an oncoming Lincoln Navigator at Randall and Red Gate roads.
Late last week, Martinez's mother filed a wrongful-death lawsuit in Kane County accusing the other driver, Victoria Biniak, 36, of South Elgin, of failing to keep a proper lookout and otherwise driving negligently.
According to the lawsuit and police, Martinez was northbound on Randall Road when Biniak attempted to make a left turn, causing her southbound vehicle to enter oncoming lanes and collide with Martinez's Camry. The crash happened shortly after noon, as both vehicles went through a yellow light.
Martinez, a student and hockey player at Burlington-Central High School, suffered a skull fracture and massive blood loss and was pronounced dead at Delnor Hospital in Geneva. Biniak and her 4-year-old daughter survived with injuries.
According to court records, Biniak has been cited for an improper left turn into oncoming traffic, and the case is pending. The lawsuit, which seeks damages in excess of $50,000, is scheduled to go before Judge Stephen Sullivan on June 28.
Neither Biniak nor plaintiff attorney Lawrence Leibforth could immediately be reached for comment Monday.