Bicyclist's family sues over fatal crash

Published: 9/13/2010 12:07 AM | Updated: 9/13/2010 3:42 PM

The family of a 68-year-old St. Charles woman who was struck and killed by a dump truck while pushing her bicycle across Main Street has filed a wrongful-death lawsuit.

Arlene "Kay" Marshall was killed about 7:20 a.m. Aug. 6 when she was hit by a westbound Mack truck turning north onto Second Street from westbound Main Street in downtown St. Charles, just blocks from her home at the Carol Towers retirement community.

Earlier this month, Marshall's family filed a lawsuit accusing the truck driver, Juan R. Fuentes, and his employers, identified as J. Fuentes Trucking and Medinah Inc., of negligence. The lawsuit claims Fuentes failed to yield the right of way to a pedestrian and was otherwise careless in his driving.

Attempts to reach Fuentes, the Marshall family and Medinah Inc. were unsuccessful. A listed phone number for J. Fuentes Trucking in North Chicago had been disconnected.

In August, authorities said they decided not to charge Fuentes after reviewing red-light camera footage, witness statements and physical evidence.

The lawsuit, which seeks unspecified damages, says Marshall was survived by three brothers who continue to suffer "pecuniary injuries, including but not limited to loss of society, companionship, guidance, attention, advice, training, instruction, grief and sorrow."

The case goes to a judge Nov. 18.

Charges dropped: Kane County prosecutors have dismissed charges against an Elgin man accused of possessing four kilograms of cocaine.

Orlando P. Dominguez, 20, of the 400 block of Freemont Street, was charged in March 2009 after the U.S. Immigrations and Customs Enforcement intercepted a package containing cocaine at O'Hare International Airport.

Last week, Assistant State's Attorney Pam Monaco said the case was dropped after a conviction was entered against Dominguez in juvenile court. She said she could not elaborate on juvenile court matters.

Tickets issued: Campton Hills police wrote nearly 100 tickets in its latest traffic-safety campaign.

Police Chief Dan Hoffman said officers focused on seat belt violations, speeding and impaired driving during the two-week crackdown which ended on Labor Day and was funded by an Illinois Department of Transportation grant.

He said 95 tickets were issued altogether. Seventy-three of them were for speeding, two were for driving under the influence and 10 were for seat belt violations.

"We hope that enforcement will motivate drivers to wear safety belts and follow the speed limit," he said in a news release.

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