Wrongful-death lawsuit filed in fatal Batavia motorcycle crash

Updated 9/1/2016 3:00 PM

A wrongful-death lawsuit has been filed against a 15-year-old driver from North Aurora who was ticketed in an Aug. 4 crash in Batavia that killed a motorcyclist.

The family of Justin Retherford-Speer, of Oswego, seeks unspecified damages, as well as attorney fees, from the teen and her father, according to the lawsuit recently filed in Kane County.

Surviving family members of Retherford-Speer, 20, argue in the lawsuit the teen was negligent and failed to protect his safety in a crash at Main Street and Randall Road.

The teen -- with her father as a passenger -- was driving south on Randall and turning left, or east, onto Main Street when they collided with Retherford-Speer, who was on a motorcycle and headed north on Randall Road, according to the lawsuit.

After the crash, police said both drivers had a green light. The teen, who the Daily Herald is not identifying because she is a minor, was ticketed Aug. 19 for an improper left turn into oncoming traffic, according to court records.

She is next due in traffic court Sept. 13.

"When you make a left-hand turn, you're supposed to yield to oncoming traffic. That's what we have here," said Daniel Streckert, attorney for Retherford-Speer's family. "Under Illinois law, (the father) is the owner of the vehicle. Whoever is driving it is operating as an agent of the owner."

It was not immediately clear of if the teen or her father had hired an attorney. A message left at their home Thursday was not immediately returned. The lawsuit is next due in court Nov. 17.

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