A wrongful death lawsuit has been filed by the family of a woman who was killed when she was hit by a garbage truck May 15 in Batavia, Illinois. The family is suing the driver of the truck and the private waste disposal company that operated the vehicle, according to a report in the Aurora Beacon-News
The garbage truck hit Monica Warner’s vehicle as she was exiting a driveway and entering East Fabyan Parkway. The accident occurred at approximately 6 a.m. Warner was killed, while the driver of the truck received minor injuries. Warner was 23 years old and was a resident of North Aurora.
The lawsuit claims that the driver, Matthew Flood, operated the vehicle negligently, and that the company, Flood Bros. Disposal Co., did not maintain the vehicle properly. Flood is 22 years old and is a resident of Carol Stream.
According to the lawsuit, the vehicle did not have proper brakes or a functioning horn. The complaint also alleges that the driver was traveling at a rate of speed that was too high and was driving without regard for the safety of others.
According to court records, Flood did not have any criminal charges filed against him in association with the accident.