Geneva police officer sues over 2006 crash
A Geneva police officer is suing a landscaping company and one of its employees over injuries he sustained in a November 2006 crash.
Officer Keith Koza filed suit Oct. 9 in Kane County Circuit Court against Jim's Lawn Maintenance and its employee, Pedro A. Ortiz Maldonado.
He is seeking more than $50,000 in damages each from the company and Ortiz Maldonado.
Koza contends in the suit that he sustained "severe and permanent injuries" and that "he was and will be hindered from attending to his usual duties and affairs." The suit also contends that he lost and will lose "large sums of money" because of his injuries, and had to spend, and will be forced to spend, "large sums of money" for medical services.
His attorney, Richard Turner, said Koza injured his neck and back in such a way that he continues to have pain radiating into his arms. He also has impingement syndrome in his left arm. Koza was off work almost two months.
Koza received a $46,683 workers' compensation claim settlement in March 2008. If he prevails in the suit, or settles with the defendants' insurance company, he would have to return $35,000 of that to the city.
He was driving a Geneva squad car, and was stopped for a red light on southbound Kirk Road at Fabyan Parkway, according to the lawsuit. A 1997 Dodge Ram pickup truck owned by Jim's Lawn Maintenance, driven by Ortiz Maldonado, hit him from behind.
Koza is on the street as a patrol officer, according to Cmdr. Julie Nash.
Jim Smith, president of the landscaping company, was surprised Friday to learn of the suit, saying he thought his insurance company had paid the medical bills and for damage to the car. "I could not have a comment due to this is the first I've heard of it," he said of the lawsuit. He said the light was turning yellow when the squad car stopped, and that Maldonado slid into the squad because of the weight of the trailer he was pulling. Maldonado was ticketed for driving too fast for conditions.
A case management conference is set for 9 a.m. Jan. 15.