Judge dismisses lawsuit over Geneva ambulance crash

 
 
Updated 12/27/2015 4:10 PM

A Kane County judge has dismissed a lawsuit filed by a man seeking damages for injuries sustained in 2011 when he was rear-ended by a Geneva ambulance responding to a call.

Kane County Judge Edward Schreiber dismissed the lawsuit last week "with prejudice," meaning plaintiff Alfredo Garcia can't refile the lawsuit against the city or ambulance driver Glenn Baum in the future, records show.

                                                                                                                                                                                                                       
 

Garcia sought more than $50,000 in damages after he was rear-ended Dec. 29, 2011, by a Geneva ambulance while he was stopped at Kirk Road and State Street, according to his lawsuit.

Garcia's attorney argued his client, who was on his way to work, missed a month at his manufacturing job and the city did not offer a reasonable settlement, thus prompting the lawsuit.

Attorneys for the city successfully argued the city and Baum are protected under state law and "are immune from injuries caused by the negligent operation of a motor vehicle when responding to an emergency call," according to court documents.

According to the suit and pretrial depositions, the Kirk Road bridge was covered in "black ice" at 4:50 a.m. when Garcia's car was hit.

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"The records remain devoid of any facts to demonstrate the Baum committed any willful or wanton acts or omissions causing the vehicle collision of resultant injuries," wrote attorneys for the city.

The lawsuit also stated that Garcia's attorney erroneously named Christopher Baum, not Glenn Baum, as a defendant.

Jail, probation in robbery

A 20-year-old Elgin man recently pleaded guilty to his role in an August robbery in Carpentersville that authorities say was prompted when a woman lured a victim to her apartment with the promise of sex.

James R. Davis, of the 1200 block of Fleetwood Drive, pleaded guilty to robbery and was sentenced to 180 days in jail, fined $2,085, and given two years of probation.

Davis has been released from jail. He was eligible to have his sentence cut in half for good behavior and he had served 110 days while the case was pending.

                                                                                                                                                                                                                       
 

Stephanie Perez, 29, of Carpentersville, was accused of enlisting the help of Davis and two minors to rob a man of his iPhone 6, a pack of cigarettes and a condom, records show.

Perez pleaded guilty to robbery and served 115 days in jail. If she violates her two years of probation, she could be resentenced to up to seven years in prison.

hhitzeman@dailyherald.com

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