Family of woman killed in crash sues estate of driver

The family of an 88-year-old McHenry County woman killed in a September crash near Lily Lake is suing a deceased driver involved in the fatal collision, saying his negligence caused their loved one's death.

The suit, filed this week in McHenry County Circuit Court, seeks at least $50,000 from the estate of Evan A. Florian for the family of Anita L. Schwake, as well as three others injured in the Sept. 13 crash.

Schwake was pronounced dead shortly after the collision, which police said occurred when Florian's car veered into oncoming traffic on Route 47 near Empire Road and collided with a vehicle in which the Woodstock woman was riding.

Florian, 23, of Sycamore, died four days later. Police later said he was driving with a blood-alcohol level more than twice the legal threshold and also had traces of marijuana in his system.

The suit makes no mention of drugs or alcohol, but instead alleges Florian was driving too fast for conditions, failed to keep his car under control and drove carelessly and negligently.

According to the suit, Schwake left behind a son and four daughters who, as a result of Florian's actions, "have been deprived of the companionship, love, affection, society, services, financial support, financial income and pecuniary benefits of the decedent."

Also listed as plaintiffs are Lawrence Sova of McHenry. who was driving Schwake, Heather Sova of McHenry and Nancy McMillan of Woodstock. All three, the suit states, suffered severe injuries and are seeking at least $50,000 in damages.

Authorities said Schwake was returning from a family gathering in Champaign when the crash occurred. A coroner's jury ruled her death a homicide.

The suit is scheduled to make its first court appearance April 28 before McHenry County Judge Michael Caldwell.

Along with the suit, the plaintiffs filed court papers asking a judge to appoint Florian's father as administrator of his estate for the purpose of the litigation.