Son of Batavia pedestrian killed crossing Geneva’s State Street files lawsuit seeking more than $50K

GENEVA – The son of a woman killed while crossing a Geneva thoroughfare in late September has filed a wrongful death lawsuit against the driver alleging she fell asleep before the crash and seeking more than $50,000, according to court records.

Sebastian Berke filed the four-page complaint Nov. 10 in Kane County against Katelyn Rougas, 30, of Geneva, in the death of his mother, Tammy Berke, 55, of Batavia, records show.

Berke was crossing in the 700 block of East State Street when she was struck by the car, according to the lawsuit.

Rougas failed to reduce her speed or stop so she would not hit Berke, failed to keep a proper lookout for objects in her path of travel and was otherwise careless and negligent, the lawsuit also alleges.

Geneva police cited Rougas for driving too fast for conditions. A status hearing in that case is scheduled for Dec. 20, court records show.

The lawsuit also seeks a jury trial.

In an emailed statement, Berke’s attorney Matthew Herman wrote, “Anytime an accident involves a fatality, it is a tragic event not only for the decedent’s family, but all parties involved. Out of respect for the families, we will let the judicial process run its course.”

Rougas’ attorney R. Gregory Earl declined comment.

Rougas’ 2018 black Hyundai Kona struck Berke, of Batavia, in the 700 block of East State Street shortly before 7 p.m. Sept. 28, according to the lawsuit.

The Hyundai was traveling west near where Berke was standing or walking as she was trying to cross the street when it struck her, according to the lawsuit.

Berke later died of her injuries at Northwestern Medicine Delnor Hospital in Geneva, officials said.

A preliminary autopsy showed Berke died of blunt force trauma as a result of being struck by a car, Coroner Rob Russell said last month.

The lawsuit is scheduled for a case management conference Jan. 25, according to court records.

Berke was an employee at Valley Animal Hospital, 801 E. State St., Geneva, veterinarian Jennie Christakos said in an email.