Son of Batavia pedestrian killed crossing Geneva street files lawsuit
The son of a woman killed while crossing a Geneva thoroughfare in late September has filed a wrongful-death lawsuit against the driver, alleging she fell asleep before the crash, court records show.
Sebastian Berke filed the four-page complaint Nov. 10 in Kane County against Katelyn Rougas, 30, of Geneva, in the death of his mother, Tammy Berke, 55, of Batavia. The lawsuit is seeking more than $50,000 in damages.
Tammy Berke was crossing the 700 block of East State Street when she was struck by the car.
Rougas failed to reduce her speed or stop so she would not hit Berke, failed to keep a proper lookout for objects in her path of travel, and was otherwise careless and negligent, the lawsuit alleges.
Geneva police cited Rougas for driving too fast for the conditions, records show. A status hearing in the case is scheduled for Dec. 20.
The lawsuit also seeks a jury trial.
Berke's attorney did not return a message seeking comment. Rougas' attorney, R. Gregory Earl, declined to comment.
A preliminary autopsy showed that Berke died of blunt-force trauma as a result of being struck by a car, Coroner Rob Russell said last month.
Berke was an employee at Valley Animal Hospital, 801 E. State St., in Geneva.