An Illinois state trooper was killed last year when a truck driver hit him as he was standing on the side of a highway. Now the defendants in a wrongful death lawsuit over the truck accident are asking to move the case to a different location.
A food company and its truck driver are named in the lawsuit, filed by the wife and children of the trooper, who was conducting a routine traffic stop when he was killed in November. The lawsuit alleges that the driver was medically unfit to drive, and that both he and his employer knew it. Driving a truck while medically unfit, and allowing the driver on the road, was negligent, the lawsuit claims.
It was filed in a county in southeastern Illinois. The defendants are seeking to have the case moved to the nearby county where the accident happened, or to Georgia. That state is the location of the defendant’s witnesses, including the evidence relating to the truck driver’s medical conditions and his treating physicians and Department of Transportation physicians.
The defendants say that even if these witnesses were willing to travel to Illinois, it would be extremely inconvenient for them. They also say that the current county’s court docket is too congested. If the case must be heard in Illinois, they requested that it be moved to the nearby county where the accident happened.
The defendant’s motion to change the venue of the court case shows how complex personal injury and wrongful death cases can be. Issues such as where the case is heard can have a significant strategic and legal effect on a case, which is one reason that hiring an experienced attorney is important.
Source: Madison-St. Clair Record, “Driver accused of causing trooper’s death seeks to transfer case to Georgia,” Christina Stueve Hodges, June 6, 2013
- Our law firm handles cases like this in Naperville and the surrounding area. To learn more, visit ourtruck accidentspage.