Lawsuit filed in fatal limo crash on I-90
Two limousine passengers hurt in a fatal crash last month on I-90 near Elgin filed a lawsuit in Cook County circuit court claiming negligence by the limo company and the driver caused their injuries.
The lawsuit was filed on behalf of Michael Johnson and Robert Rosa of Fitchburg, Wisconsin, who were among seven passengers injured in the deadly crash that occurred about 7 a.m. March 25 near Route 25.
The limousine was traveling east on the Jane Addams Tollway (I-90) through a construction zone when it crashed into a barricade and rolled onto its roof, pinning two passengers inside. Driver Aaron Nash, 20, of Janesville, Wisconsin, who was driving passengers from the Madison, Wisconsin, area to O'Hare International Airport, told authorities the sun blinded him, resulting in the crash.
One of the passengers died of injuries from the crash. The Wisconsin State Journal identified her as Terri Schmidt, 53, of Monona, Wisconsin.
Both Johnson and Rosa were hospitalized. Rosa suffered spinal cord injuries and remains in the hospital, said Tim Cavanagh, the attorney representing both men.
The lawsuit names Nash, Richard Patrick Lyons and Lyons Limousine, located in Edgerton, Wisconsin, and Zenith Limousine located in Madison, Wisconsin. The plaintiffs seek at least $50,000 in damages, Cavanagh said.
According to the lawsuit, Nash was not qualified to operate a commercial motor vehicle because he was under 21. Additionally, Cavanagh claims Nash did not possess the required commercial driver's license.
The complaint further alleges that at the time of the crash Nash had been convicted of five traffic violations in three years and his license had been suspended in September 2015 for failure to pay a fine. Those factors "caused the limousine he operated to be unreasonably dangerous," according to the complaint. Richard Patrick Lyons, Lyons Limousine and Zenith Limousine "failed to exercise due care in their selection of drivers," according to the complaint.
"It's very disturbing that this company would entrust their passengers to a driver with five reported traffic convictions, who didn't have a CDL and whose license was suspended," Cavanagh said.
The Department of Transportation's Federal Motor Carrier Safety Administration on Tuesday ordered Lyons Limousine to cease operations after finding "the carrier posed an imminent hazard to public safety."
According to the order, "Lyons Limousine's use of unqualified and underage drivers with poor driving records, lack of inspection, repair and maintenance records, and complete disregard of the hours-of-service regulations substantially increases the likelihood of death or serious harm to drivers, passengers, and the motoring public."