Lawsuit filed in West Dundee pedestrian death

A wrongful-death lawsuit has been filed by the family of an East Dundee woman who was struck and killed as she crossed the street last summer in West Dundee.

Diane J. Bonitzer, 66, died shortly after 10 a.m. Aug. 25, 2009, after she was hit by a 2007 Chevrolet Silverado while crossing Route 31 on foot near the post office, police said. The lawsuit filed by her estate in Kane County Circuit Court last week accuses the driver of the truck of failing to honk, drive safely or pay attention.

"We're looking into his speed, and we're looking into his cell phone records," plaintiff attorney Tim Reuland said Wednesday. "I've been to this location and it's a wide-open intersection."

In November, a coroner's jury ruled Bonitzer's cause of death undetermined but recommended investigators obtain cell phone records for the driver, 31-year-old Francisco Rodriguez of Elgin.

Rodriguez was cited for failure to yield to a pedestrian and failure to exercise due care, but police said he tested negative for both drugs and alcohol, and there were no obvious signs of distracted driving. He could not be reached for comment.

According to inquest testimony, Rodriguez did not attempt to flee and was sobbing at the scene when emergency crews arrived. He told police he didn't see Bonitzer as he turned left onto Route 31 from Willow Lane, authorities said.

Bonitzer, a nurse, was running errands and had just visited the post office when she was struck, her daughter has said. She died of skull and brain injuries less than an hour later.

The lawsuit goes before Judge Judith M. Brawka on April 1.

<div class="infoBox">

<h1>More Coverage</h1>

<div class="infoBoxContent">

<div class="infoArea">

<h2>Stories</h2>

<ul class="links">

<li><a href="/story/?id=337944">No blame in Dundee pedestrian death<span class="date">[11/19/09]</span></a></li>

<li><a href="/story/?id=316421">Truck hits, kills West Dundee woman<span class="date">[8/25/09]</span></a></li>

</ul>

</div>

</div>

</div>