July 01, 2024
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Campton Hills mom sues driver in Halloween bus crash that killed siblings

Surviving passenger sues; criminal case still pending against Tyler Schmidt

By Brenda Schory
Many people gathered Sunday for a candlelight vigil for Grace Diewald, 20, and her brother, Emil, 19, who were killed after the Lexus SUV were riding in crashed into the back of a District 301 school bus Oct. 31.

Many people gathered Sunday for a candlelight vigil for Grace Diewald, 20, and her brother, Emil, 19, who were killed after the Lexus SUV they were riding in crashed into the back of a District 301 school bus Oct. 31, 2022. (Photo provided by Joshua Coenen)

GENEVA – The driver who was involved in a Halloween bus crash in 2022 that killed two passengers who were siblings and severely injured a third is being sued by the siblings’ mother and the surviving passenger, according to court records.

Wendy Diewald of Campton Hills, the mother of Emil, 19, and Grace Diewald, 20, who died in the crash, filed a wrongful death lawsuit Oct. 31, 2023, the first year anniversary of the fatal crash.

Kiley Cox, the surviving passenger who was 17 at the time of the crash, alleges in her lawsuit, filed Oct. 30, 2023, that she suffered “catastrophic injuries resulting in medical expense, pain, suffering and disability.”

Both lawsuits also named Central School District 301 and Kane County as defendants, seeking more than $50,000 in damages from all.

Tyler A. Schmidt, 19, of the 43W000 block of Southgate Road, Plato Township, was released on electronic home monitoring, records show.

Schmidt faces several felonies charges in connection with the crash, including reckless homicide while under the influence of cannabis, court records show.

Schmidt was driving a 2013 Lexus SUV east on Empire Road near Kingswood Drive at 3:45 p.m. when it struck a school bus, also traveling east. The bus, with 24 children aboard, was coming from Lily Lake Elementary School and had stopped to drop off students, Kane County Sheriff Ron Hain had said a news conference after the crash.

Grace Diewald was a front seat passenger with her brother, Emil, seated behind her. Kiley Cox was seated behind the driver, officials had said.

The siblings died at the scene while Cox was flown to Lurie Children’s Hospital in Chicago, officials had said.

Tyler A. Schmidt was charged felony aggravated driving under the influence; felony reckless homicide; felony aggravated driving under the influence of drugs causing great bodily harm; felony aggravated reckless driving; lesser offenses of failing to reduce his speed to avoid a crash, speeding over the posted limit and failure to stop before reaching a school bus.

Tyler A. Schmidt was charged felony aggravated driving under the influence; felony reckless homicide; felony aggravated driving under the influence of drugs causing great bodily harm; felony aggravated reckless driving; lesser offenses of failing to reduce his speed to avoid a crash, speeding over the posted limit and failure to stop before reaching a school bus. (Photo provided by Kane County Sheriff’s Office)

Both civil lawsuits allege that Schmidt failed to yield to avoid an accident, drove too fast, failed to stop or keep a proper lookout for other vehicles and was distracted while he drove.

No attorney of record is listed for Schmidt in the civil actions, but he responded in court papers he filed himself denying the allegations about his driving in the Cox lawsuit.

The lawsuits also allege that the bus stop at 42W353 Empire Road was unsafe and contributed to the accident because it didn’t have warning signs.

The lawsuits allege that Kane County did not place adequate warning signs and failed to monitor where bus stops were located.

The Diewald lawsuit also names the Kane County Transportation Division, alleging it is responsible for placing warning signs for the school bus stops.

Attorneys involved in the lawsuits either did not return messages seeking comment or declined to say anything in addition to the court filings.

Both Central District 301 and Kane County filed court papers asking for the lawsuits to be dismissed.

“Aside from the technical defects, the plaintiff’s complaint fails to allege facts sufficient to state a claim as to District 301 with respect to any of its paragraphs,” the school district’s attorney responded in Jan. 3 filings for both lawsuits.

In its request for dismissal, the Kane County State’s Attorney cited the Local Governmental And Governmental Employees Tort Immunity Act, which immunizes the county from liability in connection with an alleged failure to put up bus stop warning signs.

“Further, the County of Kane has no duty to create or monitor school bus routes or stops, as that responsibility lies with the local school district,” according to its Nov. 29, 2023, court filing.

Judge Susan Clancy Boles granted a request by the county to consolidate the cases.

Boles gave Diewald and Cox attorneys until Feb. 19 to respond to the motions to dismiss and defendants until March 18 to respond, records show.

The now consolidated cases are continued to April 2 at the Kane County Court in Geneva.

The next court date for Schmidt’s pending criminal case is March 1 at the Judicial Center.

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