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Wrongful Death Lawsuit Filed In Death Of Woman Walking On Chicago’s Eisenhower Expressway (Interstate 290)

A wrongful death lawsuit was filed yesterday in the death of a woman who was fatally struck on Chicago’s Eisenhower Expressway (Interstate 290) on September 2, 2011.

The accident that lead to the death of the woman, Diana Paz, 25, was the subject of a September 2, 2011 blog post titled “Woman Killed While Walking On Eisenhower Expressway.”

Diana Paz was struck by a truck on the Eisenhower Expressway after being let off at a Mannheim Road BP Amoco station by an Illinois State Trooper. Hours earlier she had been arrested for driving the wrong way. The wrongful death lawsuit was filed against the law enforcement agencies involved that night, the Illinois State Police and the Westchester Police Department. The lawsuit was filed on behalf of Paz’s son, Eric Martinez.


A statement by the plaintiff’s lawyer states “The state police and the Westchester Police Department that had custody of her, had they done their job, Eric would have his mother with him today.”

An autopsy indicated that Paz’s blood alcohol concentration was twice the level of the state’s legal limit of .08. The lawsuit claims that the defendants failed to ensure the safety of Paz by releasing her from custody while she was still intoxicated; as well, Paz did not have any means (e.g. money, phone) to seek assistance.

The Illinois State Police said Thursday that no policy was violated in the handling of Paz on September 2; Westchester police maintain that Paz was never in their custody.

Additional details and possible updates can be seen in a variety of media sources including the March 16 Chicago Sun-Times article titled “Suit filed in death of woman walking on Eisenhower Expy” as well as the March 15 NBC Chicago story titled “Wrongful Death Suit Filed in Woman’s I-290 Death.”

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Elman Law Group LLC concentrates in Personal Injury and Wrongful Death cases involving car accidents as well as other types of vehicle accidents (bike, bus, motorcycle, pedestrian, truck, etc.) This intense focus, along with decades of experience practicing Illinois law, allows us to consistently achieve winning verdicts and settlements for our clients.

If you or a loved one have been injured or killed in an accident, call 773-392-8182 at any time for a free consultation to discuss your rights. There is no fee for this consultation.