ures - S350 IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DUPAGE COUNTY, ILLINOIS PATRICIA A. HUDSON, as Special Administrator of the Estate of ROSEMARY RICE, deceased, 2025LA000040 Status Date: 04/14/25 ) ) ) Plaintiff, ) Mont oate: 07/03/28 ) sury 3 |) atts: an SADIK SADIKU and ly ou PAGE COUNTY ILLINOTS| ‘THE CITY OF ELMHURST, a municipal 0 corporation, ) Plaintiff demands a trial by jury. ) Defendants. ) COMPLAINT AT LAW Plaintiff, PATRICIA A. HUDSON, as Special Administrator of the Estate of ROSEMARY RICE, deceased, by and through her attomeys, MORICI, LONGO & ASSOCIATES, and complaining of the Defendants, SADIK SADIKU (“SADIKU”) and THE CITY OF ELMHURST (“ELMHURST”), a municipal corporation, alleges as follows: COMMON ALLEGATIONS 1. Onand before January 26, 2024, Plaintiff's decedent, ROSEMARY RICE, was 74-year old woman who lived at an apartment located 939 North York Road in the City of Elmhurst, County of DuPage, and State of Illinois. 2. On and before January 26, 2024, Defendant ELMHURST. was a municipal corporation in the County of DuPage, and State of Llinois. 3. Onand before January 26, 2024, Defendant SADIKU was a resident of the City of Elmhurst, County of DuPage, and State of Illinois.4. Onand before January 26, 2024, North York Street was a public way running in a generally north-south direction at its intersection with Diversey Avenue in the City of Elmhurst, County of DuPage, and State of Illinois. 5. Onand before January 26, 2024, Diversey Avenue was a public way running in a generally east-west direction at its intersection with North York Street in the City of Elmhurst, County of DuPage, and State of Illinois. 6. At approximately 6:30 am. on January 26, 2024, ROSEMARY RICE walked westbound from her apartment across North York Street at its intersection with Diversey Avenue (hereinafter the “Subject Intersection”) on the north side of the Subject Intersection. and entered a Shell Gas Station convenience store located at 926 North York Street, in the City of Elmhurst, County of DuPage, and State of Ilinois. 7. Under Ilinois law, a crosswalk is an area where pedestrians are intended and pertnitted users of the roadway. Crosswalks can be either ‘marked’ or ‘unmarked.’ “Marked or unmarked crosswalks are intended for the protection of pedestrians crossing streets, and municipalities are charged with liability for those areas.” Wojdyla v. Park Ridge, 148 Ill.2d 417, 426 (1992). See also 625 ILCS § 5/1-113. 8. The crosswalk at the Subject Intersection is unmarked. The closest marked crosswalk available for pedestrians to cross North York Street is located over 1,000 feet to the North of the Subject Intersection, at the intersection of Grand Avenue and York Street. 9. At the time and place aforesaid, ROSEMARY RICE made a purchase at convenience store and exited at approximately 6:35 am. 10. At the time and place aforesaid, following her purchase, ROSEMARY RICE made her way back east across the crosswalk on the northside of the Subject Intersection. STI11, At that same time and place, Defendant SADIKU was driving a 2004 silver Toyota Sienna northbound on York Street in the left lane of traffic. 12, At 6:36 am. Defendant SADIKU struck ROSEMARY RICE with the aforesaid vehicle he was operating while traveling approximately 42 miles per hour (hereinafter the “Incident”). 13, At the time of the Incident, conditions were dark, as the sun did not rise until 7:09 am., and, as discussed further infra, the streetlights in the area of the Subject Intersection were inoperative and not working properly. 14, First responders arrived on scene at approximately 6:38 a.m., where they found ROSEMARY RICE lying unconscious and not breathing. 15, Paramedics then transported ROSEMARY RICE to Elmhurst Hospital where she was subsequently pronounced deceased. 16. At all times leading up to and at the time’ of the Incident, Defendant ELMHURST had a duty to maintain the Subject Intersection in a reasonably safe condition. 17. For years several years prior to the Incident, Defendant ELMHUST had been put on notice through longstanding and frequently expressed public concer regarding the dangerous nature of the Subject Intersection. For example, in late 2019 into early 2020, several hundred citizens of the City of Elmhurst signed a petition urging Defendant ELMHURST to take safety measures at the Subject Intersection following several traffic incidents that resulted in injuries and, in one prior case, a fatality'. In response to repeated ' Giuliani, David. “Trafic Light Pushed In Elmhurst” Elmhurst Patch, February 19, 2020expressions of public concem, Defendant ELMHURST finally hired Engineering Enterprises Inc. (“Enterprises”) to conduct an analysis of the Subject Intersection in 2019?. 18. Enterprises completed its analysis and submitted a report to Defendant ELMHURST on December 20, 2019°. Depicted above is a satellite picture of the Subject Intersection and a table that Enterprises included in its report’. The table that Enterprises included in its report indicates that, on a daily basis, an average of 11 pedestrian crossings occur at the Subject Intersection’ 19. Despite having notice of the high number of pedestrian crossings at such a busy intersection and its awareness of frequent collisions and a prior fatality at the Subject Intersection, Defendant ELMHURST still failed to consider or take any action to protect its residents at the Subject Intersection. Indeed, Defendant ELMHURST, failed to deliberate, 2 Giuliani, David. “Traffic Light At York And Diversey?" Elmhurst Patch, February 3, 2020 > Engineering Enterprises, Inc., Traffic Signal Warrant Analysis; Re: Traffic Signal Warrant Analysis York Street at Diversey Avenue, Elmhurst, 1. December 20, 2019. “Id 3d, at Warrant 4: Pedestrian Volumeconsider, or follow any of the recommendations’ contained in the Enterprises report or consider any other remedial measures. 20. In the period of time between the completion of the Enterprises report and the fatal crash involving ROSEMARY RICE on January 26, 2024, concemed citizens of the City of Elmhurst continued to plead, to no avail, for Defendant ELMHURST to take remedial action of some kind to address the concems over safety at the Subject Intersection®. 21. On and before January 26, 2024, in addition to having actual knowledge of the inherent danger to pedestrians at the Subject Intersection, Defendant ELMHURST additionally had actual knowledge that, for at least 10 days prior to the Incident, the City of Elmhurst had received several service requests regarding streetlight outages on North York Street from 1-290 to Grand Avenue, a long stretch of roadway that encompasses the Subject Intersection. These service requests consisted of at least seven instances between January 16 and January 27, 2024, concerning the inoperative nature of the streetlights on North York Street. 22. On January 26, 2024, at approximately 6:38 a.m., the time the Incident occurred, the streetlights at the Subject Intersection were not illuminated. 23. Finally, at a public meeting in August of 2024, seven months after ROSEMARY RICE’s death, Defendant ELMHURST contemplated changes to improve safety at the Subject Intersection’. Officials from Defendant ELMHURST held the August meeting “in ‘ Giuliani, David. “Traffic Light Pushed In Elmhurst” Elmhurst Patch, February 19, 2020, ” Giuliani, David. “Elmhurst Eyes Intersection Where Woman Died” Elmhurst Patch, August 13, 2024."Wd light of the January crash that resulted in the death of 74-year-old Elmhurst resident Rosemary Rice”.* 24. Asa direct and proximate result of Defendant ELMHURST’s utter indifference toward its constituents’ calls to action and its disregard for the protection of its residents, ROSEMARY RICE’s life was cut short at the age of 74-years-old. ROSEMARY RICE’s death has deprived her two adult children and heirs, Plaintiff PATRICA A. HUDSON and JOSEPH E. RICE, of her beloved companionship and guidance, and other losses that entitled them to compensation. COUNT I - NEGLIGENCE ~ WRONGFUL DEATH - SADIK SADIKU 1-24, Plaintiff restates and reincorporates by reference paragraphs 1-24 of the Complaint as if fully set forth herein as paragraphs 1 through 24 of Count I 25. Atall times relevant herein, Defendant SADIKU owed ROSEMARY RICE and others on the roadway a duty of reasonable care in the operation, maintenance, and control of the motor vehicle he was driving. 26. ” On January 26, 2024, Defendant SADIKU was negligent in one or more of the following ways: (@) Failed to keep a proper and sufficient look out at the time of and prior to said occurrence; (b) Failed to decrease the speed of said vehicle so as to avoid colliding with the Plaintiff's decedent; (©) Failed to sound the hom on said vehicle so as to give waming of its approach, in violation of 625 ILCS 5/12-601 and 625 ILCS 5/11-1003.1; (@ Drove said vehicle at a speed, which was greater than reasonable and proper, in violation of 625 ILCS5/11-601;(©) Drove said vehicle without brakes adequate to control its movement, and to stop and hold it, in violation of 5/12-301; 27. Asa direct and proximate result of the aforesaid negligent acts and/or omissions of Defendant SADIKU, Plaintiff's decedent ROSEMARY RICE sustained injuries that resulted in her death on January 26, 2024. 28, ROSEMARY RICE left surviving her Plaintiff, PATRICIA A. HUDSON, her adult daughter, and JOSEPH E. RICE, her adult son, both of whom have suffered and sustained substantial pecuniary loss, deprivation of valuable services that decedent, ROSEMARY RICE, was accustomed to performing for them and would have continued to perform but for her death, deprivation of the affection, society, companionship, and guidance of the decedent, ROSEMARY RICE, to their grand detriment, and suffered and will continue to suffer from the grief, sorrow, and mental suffering due to the death of the decedent, ROSEMARY RICE. 29. PATRICIA A. HUDSON is the duly appointed Special Administrator of the Estate of ROSEMARY RICE, deceased, and brings this cause of action under the Wrongful Death Act, 740 ILCS § 180/1 WHEREFORE, Plaintiff PATRICIA A. HUDSON, Special Administrator of the Estate of ROSEMARY RICE, deceased, demands judgment against the Defendant, SADIK SADIKU, for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00) COUNT Il - NEGLIGENCE — WRONGFUL DEATH — THE CITY OF ELMHURST 1-29, Plaintiff restates and reincorporates by reference paragraphs 1-29 of the Complaint as if fully set forth herein as paragraphs 1 through 29 of Count II.30. tall times relevant herein, Defendant ELMHURST owed ROSEMARY RICE a duty of reasonable care in the maintenance of the Subject Intersection, including but not limited to the maintenance and upkeep of streetlights. 31. On and before January 26, 2024, Defendant ELMHURST, being aware of the dangerous nature of the Subject Intersection, and being aware of the high volume of pedestrian traffic at the Subject Intersection, knew or should have known that it was of critical importance to the safety of its residents to properly maintain the streetlights in that area. 32. In the 10-day window prior to January 26, 2024, Defendant ELMHURST attempted to fix the streetlights that were failing to function, but were unable to maintain them in good working order, so that they were not functioning properly at 6:38 a.m. when the Incident occurred. 31. On and before January.26, 2024, Defendant ELMHURST was negligent in one or more of the following ways: (@) Failure to use reasonable care in the inspection of the streetlights in the area of the Subject Intersection; (©) Failed to timely respond to reports of streetlights malfunctioning in the area of the Subject Intersection; (©) Failure to properly supervise employees and/or agents charged with maintaining and/or repairing streetlights in the area of the Subject Intersection; (4) Failure to adhere to state or local codes and/or manufacturer guidelines regarding the maintenance and repair of the streetlights in the area of the Subject Intersection; (© Failed to provide adequate alternative lighting until its streetlights could be Properly repaired;(© Failed to use reasonable care in maintaining the streetlights in the area of the Subject Intersection so that they were working at 6:38 a.m. on January 26, 2024; (@) Failed to use reasonable care in undertaking efforts to properly repair the streetlights in the area of the Subject Intersection in the days leading up to the Incident so that they were working properly at 6:38 a.m. on January 26, 2024. 32, Asa direct and proximate result of the aforesaid negligent acts and/or omissions of Defendant ELMHURST, Plaintiff's decedent ROSEMARY RICE sustained injuries that resulted in her death on January 26, 2024. 33, ROSEMARY RICE left surviving her Plaintiff, PATRICIA A. HUDSON, her adult daughter, and JOSEPH E. RICE, her adult son, both of whom have suffered and will continue to suffer damages of a personal and pecuniary nature as well as grief and sorrow. 34. PATRICIA A. HUDSON is the duly appointed Special Administrator of the Estate of ROSEMARY RICE, deceased, and brings this cause of action under the Wrongful Death Act, 740 ILCS § 180/1. WHEREFORE, Plaintiff PATRICIA A. HUDSON, Special Administrator of the Estate of ROSEMARY RICE, deceased, demands judgment against the Defendant, THE CITY OF ELMHURST, for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). COUNT III - PREMISES LIABILITY - WRONGFUL DEATH - THE CITY OF ELMHURST 1-34, Plaintiff restates and reincorporates by reference paragraphs 1-34 of the Complaint as if fully set forth herein as paragraphs 1 through 34 of Count III. 35. _Atall times relevant herein, Defendant ELMHURST owed ROSEMARY RICE a duty to maintain its premises in a reasonably safe condition, including the Subject Intersection.36. Onand before January 26, 2024, Defendant ELMHURST failed to maintain its premises in a reasonably safe condition in one or more of the following ways: (@) Failure to use reasonable care in the inspection of the streetlights in the area of the Subject Intersection; (b) Failed to timely respond to reports of streetlights malfunctioning in the area of the Subject Intersection; (©) Failure to properly supervise employees and/or agents charged with maintaining and/or repairing streetlights in the area of the Subject Intersection; (@® Failure to adhere to state or local codes and/or manufacturer guidelines regarding the maintenance and repair of the streetlights in the area of the Subject Intersection; (©) Failed to provide adequate alternative lighting until its streetlights could be properly repaired; (Failed to use reasonable care in maintaining the streetlights in the area of the Subject Intersection so that they were working at 6:38 a.m. on January 26, 2024; (g) Failed to use reasonable care in undertaking efforts to properly repair the streetlights in the area of the Subject Intersection in the days’ leading up to the Incident so that they were working properly at 6:38 a.m. on January 26, 2024. 37. Asa direct and proximate result of the aforesaid negligent acts and/or omissions of Defendant ELMHURST, Plaintiff's decedent ROSEMARY RICE sustained injuries that resulted in her death on January 26, 2024. 38. ROSEMARY RICE left surviving her Plaintiff, PATRICIA A. HUDSON, her adult daughter, and JOSEPH E. RICE, her adult son, both of whom have suffered and will continue to suffer damages of a personal and pecuniary nature as well as grief and sorrow. 39. PATRICIA A. HUDSON is the duly appointed Special Administrator of the Estate of ROSEMARY RICE, deceased, and brings this cause of action under the Wrongful Death Act, 740 ILCS § 180/1. 10WHEREFORE, Plaintiff PATRICIA A. HUDSON, Special Administrator of the Estate of ROSEMARY RICE, deceased, demands judgment against the Defendant, THE CITY OF ELMHURST, for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). COUNT IV — WILLFUL AND WANTON — WRONGFUL DEATH - THE CITY OF ELMHURST 1-39. Plaintiff restates and reincorporates by reference paragraphs 1-39 of the ‘Complaint as if fully set forth herein as paragraphs 1 through 39 of Count IV. 40. Atall times relevant herein, Defendant ELMHURST owed ROSEMARY RICE ‘a duty to exercise its authority and municipal responsibilities in a way that did not consciously disregard her safety. 41. On and before January 26, 2024, Defendant ELMHURST had actual and constructive knowledge that the Subject Intersection was inherently dangerous due to the combination of high pedestrian traffic, high motor vehicle traffic, the absence of traffic control devices or signs, inadequate and/or inoperable streetlighting, and the long distances. to the nearest intersections with marked crosswalks and traffic signs and/or traffic control devices. 42. Notwithstanding its actual knowledge of the dangerous nature of the Subject Intersection, Defendant ELMHURST undertook no deliberation or consideration on whether or how to address the many concems raised by citizens. Indeed, even a prior fatal collision and citizen petition were ignored. Some prominent citizens, even a former mayor, predicted future injuries and fatalities at the Subject Intersection prior to the death of ROSEMARY RICE. uN43. The failure of Defendant ELMHURST, from 2019 to 2024, to act on improving safety at the Subject Intersection, even in the face of a study that confirmed the need for remedial measures, demonstrates an utter indifference and conscious disregard for the safety of pedestrians, including ROSEMARY RICE, who is deceased as a proximate result. 44, On and before January 26, 2024, Defendant ELMHURST was willful and wanton in the following ways: (@) Failed to consider any steps to improve safety at the Subject Intersection when it hhad actual and constructive knowledge that it posed a serious risk to life and safety of residents; (©) Ignored repeated calls from residents for it to take action to make the Subject Intersection safer; © Ignored a commissioned study’s recommendations on potential improvements to the Subject Intersection; (@ Failed to consider or take any action regarding the subject intersection when it had actual knowledge that a pedestrian had been killed there; (©) Failed to ensure the Subject Intersection, known for its inherent danger, was well lit at all times when it knew that failure to keep it well lit would greatly increase death and injury. 45. Asa direct and proximate result of the aforesaid willful and wanton acts and/or omissions of Defendant ELMHURST, Plaintiff's decedent ROSEMARY RICE sustained injuries that resulted in her death on January 26, 2024. 46. ROSEMARY RICE left surviving her Plaintiff, PATRICIA A. HUDSON, her adult daughter, and JOSEPH E. RICE, her adult son, both of whom have suffered and will continue to suffer damages of a personal and pecuniary nature as well as grief and sorrow. 1247. PATRICIA A. HUDSON is the duly appointed Special Administrator of the Estate of ROSEMARY RICE, deceased, and brings this cause of action under the Wrongful Death Act, 740 ILCS § 180/1. WHEREFORE, Plaintiff PATRICIA A. HUDSON, Special Administrator of the Estate of ROSEMARY RICE, deceased, demands judgment against the Defendant, THE CITY OF ELMHURST, for a sum in excess of FIFTY THOUSAND DOLLARS ($50,000.00). Respectfully submitted, BMn~ Brian S. Shallcross MORICI, LONGO & ASSOCIATES Attorney for Plaintiff 732 West Randolph Street, 8" Floor Chicago, Illinois 60661 G12) 372-9600 Attomey No. 27518 shallcros 13