A wrongful death suit has been filed against a Kane County sheriff’s deputy for his involvement in a December 2012 deadly car crash, according to court documents filed Nov. 27 with the Kane County Circuit Clerk’s Office.
Kane County and the Kane County Sheriff’s Office also are named as defendants.
The lawsuit was filed by Michael Bingham of Maple Park.
He is the independent administrator of the estate of Zachary Bingham, who died as a result of injuries he suffered from a head-on collision on Route 38 in Campton Hills on Dec. 1, 2012.
The crash also killed Jennifer Liston, a 30-year-old from Wisconsin who, according to the lawsuit and police reports, was traveling at high speeds on Route 38 near Bricher Road at about 8:40 p.m. when Deputy Nicholas Wolf began pursuing her.
The deputy continued his pursuit even as Liston continued driving west on Route 38 at high speeds, the lawsuit states.
At about 8:45 p.m., Liston’s vehicle collided with the one driven by Bingham, who had stopped his car on the shoulder, according to the lawsuit.
The 18-year-old died hours later as a result of his injuries.
The lawsuit accuses Wolf of several wrongdoings, including failing to abandon pursuit when he knew or should have known it would result in serious injury, and not following established policies, regulations and/or procedures to ensure public safety.
“As a direct and proximate result of one or more of the foregoing acts of willful and wanton conduct by Wolf, a collision occurred between the vehicle driven by Liston and Bingham, causing serious injuries to Bingham resulting in his death,” the lawsuit states.
Kane County and the sheriff also are accused of not properly training, supervising or controlling Wolf. Lt. Pat Gengler, spokesperson for the Kane County Sheriff’s Office, said in an email that Sheriff Pat Perez has no comment on the pending litigation.
An attorney representing the plaintiff didn’t return a call seeking comment Wednesday.
Court records indicate a jury has been requested to hear the lawsuit, which seeks a judgment in excess of $50,000. A case management conference is set for 9 a.m. Feb. 13 before Judge Keith F. Brown.