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updated: 12/21/2012 4:35 PM

Man hit by ambulance sues Geneva

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A Carpentersville man has sued the city of Geneva, saying he was severely injured in a December 2011 crash in which he was rear-ended by an ambulance that did not have its lights or sirens activated.

The attorney for Alfredo Garcia says his client missed at least a month of work at a Batavia manufacturing firm and the city's insurance has refused to offer a reasonable settlement.

The lawsuit, filed in Kane County this week, claims the ambulance driver was negligent and failed to keep a proper lookout when he rear-ended Garcia the morning of Dec. 29, 2011, while Garcia was stopped in the southbound lanes of Kirk Road at Route 38.

The suit seeks a jury trial and more than $50,000 in damages.

"It was quite a hard hit because Mr. Garcia injured his (right) shoulder and it required surgery," said Garcia's attorney Howard Miller, who noted that another ambulance had to come to the scene and take Garcia to the hospital.

Miller said Garcia was on his way to work that morning. He also said the one-year statute of limitations was set to expire and he filed the lawsuit after being unable to reach and agreement with the city.

No citations were issued in the crash, but Miller does not believe that will hurt his client's case.

Stephanie Dawkins, Geneva's assistant city administrator, said the city has not yet been served with the lawsuit and could not comment on it.

Both sides are due for an initial court hearing on March 7.

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