The wrongful death lawsuit over an Illinois state trooper killed while on duty will continue in Madison County Circuit Court after a judge denied a defendant’s motion to transfer the case.
Dot Foods is being sued along with the truck driver who crashed into trooper, Kyle Deatherage, in November, killing him. The defendant argued that the case has no connection to Madison County and should be heard in Montgomery County where the accident occurred.
The plaintiff, Sarah Deatherage, argued that the defendant had failed to show that plaintiff’s choice of venue was improper. The plaintiff’s attorney said that Dot Foods and its subsidiary Dot Transportation moved nearly $130 million worth of goods from warehouses in Madison County during the last four years. The plaintiff argued that the defendant failed to prove that it does not do business in the county for the purposes of venue.
According to the plaintiff, Kyle Deatherage worked and resided in Madison County and his family has the right to file the lawsuit there.
The lawsuit seeks damages for grief, depression and mental anguish for Sarah Deatherage and her two children. According to the complaint, Dot Foods negligently hired a truck driver who the company knew was a danger, and the driver operated the truck when he was not fit to do so, due to an unspecified medical condition.