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Driver hit by ambulance sues Geneva

Published: Thursday, Dec. 27, 2012 5:30 a.m. CDT

GENEVA – A man who said he was permanently injured when an ambulance rear-ended his car last year is suing the city of Geneva.

Also named in the suit is Christopher Baum, who was driving the ambulance. According to court papers recently filed, Alfredo Garcia of Carpentersville is seeking more than $50,000 in damages.

Assistant City Administrator Stephanie Dawkins said the city has not been served with the lawsuit and could not comment on it.

Garcia’s attorney, Howard Miller, said the crash happened about 5 a.m. Dec. 29, 2011, on Kirk Road near the intersection of East State Street. According to court papers, the lights and siren of the ambulance were not activated when it struck Garcia’s 1997 Honda Civic.

The suit alleges that Baum was driving too fast and was negligent in failing to stop before hitting Garcia’s car. Miller said Garcia was stopped because of an accident on Kirk and was taken by a different ambulance to the hospital.

“He was off work for a month,” Miller said of his client.

According to the lawsuit, Garcia suffered permanent injuries physically and mentally, continues to suffer pain and faces a reduced earning capacity the rest of his life while facing high medical bills.

“We’ve been in contact with the insurance company, and they have said they are interested in talking about it,” Miller said.

Miller said he filed the lawsuit as an incentive to the insurance company and because a statute of limitations was approaching.

Both sides are to appear in court March 7.

According to news reports, slick roads that day contributed to 10 traffic accidents between 5 and 7 a.m. that Geneva police responded to.

Most occurred around the Fabyan Parkway, Kirk Road and Randall Road bridges, police said at the time.

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