Tomasik Kotin Kasserman Files Lawsuit in Grundy County on Behalf of Parents Killed By SUV While Bicycling Outside Morris

CHICAGO, IL, SEPTEMBER 21, 2016

A lawsuit was filed by Tomasik Kotin Kasserman, on Wednesday, September 21, 2016, on behalf of the surviving sons of Mark and Janice Wendling, who were killed by an SUV.

Tomasik Kotin Kasserman filed a wrongful death complaint in Grundy County today on behalf of the sons of Mark and Janice Wendling of Morris, Illinois who were struck and killed while riding bicycles westbound in the 4500 block of Old Stage Road when they were struck from behind and tragically killed by a GMC Yukon driven by a teenager.

Janice Wendling was a math teacher in Morris Elementary District 54 and Mark Wendling worked as an engineer at the Exelon LaSalle County Generating Station in Marseilles, Illinois. The eight-count Complaint alleges that the teen negligently failed to keep a proper and sufficient lookout and failed to decrease speed to avoid colliding with the cyclists.

The Complaint further alleges that Christopher Maier, the owner of the GMC Yukon, negligently entrusted and failed to properly supervise the teenager in allowing him to drive his Yukon SUV.

Two weeks before this tragic event, the teen, while driving the same SUV, was ticketed for speeding 32 miles over the speed limit in Will County, Illinois. Just days before this tragic incident, the teen received another speeding ticket, this time for driving more than 25 miles per hour over the speed limit in LaSalle County, Illinois. The Complaint alleges that Maier loaned and entrusted his vehicle to the teenager when he knew or should have known that the teenager was incompetent, reckless, and an inexperienced driver.

Witnesses at the scene saw the teen walk away from the SUV and throw something into a wooded area. According to the police report, the teen stated that he threw a “10 cent bag” into the woods and pointed police into the direction of the tree-line. According to the police report, the suspected cannabis was field tested and came back with positive results. The Grundy County Sheriff’s Department and State’s Attorney’s Office are continuing to investigate this matter.

Timothy S. Tomasik, a founding partner of Tomasik Kotin Kasserman, filed a lawsuit in the Circuit Court of the 13th Judicial District, Grundy County, Illinois on behalf of Raymond P. Migas who has been appointed as Independent Executor of the Estates of Mark and Janice Wendling.

At the time of this tragic loss, the couple were bicycling to prepare for “Bike MS: Tour de Farms 2017” in DeKalb – a charitable effort to raise awareness about MS.

“Mark and Janice Wendling were in the prime of their lives, dedicating their time to raise money for charity when their lives were so abruptly taken. Their two sons, Ryan and Kevin Wendling, have suffered an enormous loss,” attorney Timothy S. Tomasik stated. “This incident was entirely preventable, and Mr. Maier should have known better than to entrust his Yukon SUV to a teen with a notoriously dangerous driving record. By the same measure, the teen should have exercised more care in his operation of the SUV. The deaths of these two wonderful parents and people is simply senseless. We are going to uncover every fact regarding this terrible tragedy,” attorney Timothy S. Tomasik stated.

Tomasik Kotin Kasserman has extensive experience litigating high-profile cases, including a $25.9 million verdict against Yellow Cab in 2015, after a passenger was severely brain injured after a crash that occurred while exiting the highway. In 2014, Tomasik Kotin Kasserman obtained a $7.5 million verdict against a trucking company for the negligent operation of a semi-trailer tractor rig that killed a city worker on the southeast side.

For more information about Tomasik Kotin Kasserman, visit www.tkklaw.com or call 312-605-8800.