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Cavanagh Law Group files Lawsuit to Preserve Evidence for family of pedestrian killed on the Eisenhower Expressway

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The family of a woman killed early Friday morning while walking on the Eisenhower Expressway has filed a lawsuit to preserve evidence against the Village of Westchester, BP Gas Station at 825 Mannheim Road in Westchester, the Illinois State Police, and the Office of the Medical Examiner of Cook County.

On September 2, 2011 at 3:30 a.m., the Illinois State Police pulled over Diana Paz for driving in the wrong direction on I-290 and arrested her for driving under the influence. Two hours later, Paz was released from the Westchester Police Department and transported to a nearby gas station by a member of the Illinois State Police. Thirty minutes after her release, Ms. Paz was killed while walking in a marked median area along the inbound lanes of the Eisenhower Expressway. According to a witness, Ms. Paz was struck by a Toyota truck that had crossed the marked median area. The driver of the pickup truck was charged with violating a restricted median.

On September 7, 2011, Cavanagh Law Group filed a lawsuit to preserve evidence and sought an Emergency Hearing in the Circuit Court of Cook County. Judge Eileen Brewer granted the family’s Emergency Motion to protect and preserve all evidence in this incident including videotapes.

Mr. Cavanagh stated, “It is not right that the police would leave a twenty-five-year-old young woman at a gas station next to a major highway, while she was intoxicated, with no money or cell phone, in the dead of night.” Mr. Cavanagh continued to state, “This family is entitled to answers and Judge Brewers ruling today will allow the family to see all critical evidence soon.”

The case is entitled Maria Guerrero, as Next Friend of Erik Martinez v. Village of Westchester, et al. The case number is 11 L 9303. The case is pending in front of Judge Eileen Brewer in the Circuit Court of Cook County.

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