A Lakewood man whose son who crashed his vehicle into a Crystal Lake home last year, seriously injuring a 64-year-old man inside, is now a defendant in a civil lawsuit.
McHenry County Judge Kevin Costello granted the motion Thursday filed by attorneys for Angelo Pleotis converting Charles Kirkpatrick, father of Connor Kirkpatrick, from respondent to defendant.
Connor Kirkpatrick is accused criminally and civilly of driving recklessly on July 27, 2022, and crashing his vehicle into Pleotis’ home. Pleotis suffered collapsed lungs, broken ribs, head trauma, lacerations and two spinal fracture/dislocations that have caused paralysis, his family has said.
Pleotis attorneys said in the motion that there is “strong suspicion” that the “purported negligence” of Charles Kirkpatrick “was a proximate cause of” Pleotis’ injuries.
The document continues that Charles Kirkpatrick, who lives in Lakewood where his son was recently criminally charged with setting a fire, knew his son’s behavior and mental health were in question prior to the crash at Pleotis’ home.
Attorneys for Pleotis are seeking damages in excess of $50,000 from both Connor and Charles Kirkpatrick, according to the lawsuit filed in McHenry County.
“Although an automobile is not a dangerous instrumentality per se, it may become one if it is operated by someone who is incompetent, inexperienced or reckless,” according to the motion written by attorneys from Taxman, Pollock, Murray and Bekkerman LLC in Chicago.
The motion claims that Charles Kirkpatrick, who owned the 2017 Subaru Impreza involved in the crash, is guilty of “negligent entrustment.”
Robert Wilson, who is representing Charles and Connor Kirkpatrick in the civil matter, said it requires a “fairly low standard” to convert somebody from respondent to defendant and “it is not surprising” the judge granted the motion.
It is not uncommon for owners of vehicles involved in crashes to be named as defendants in lawsuits. However, being the owner is “generally insufficient in and by itself to impose liability,” he said.
“This is a tragic situation for everybody involved,” Wilson said in a phone interview Friday.
When Kirkpatrick’s vehicle slammed into the house, Pleotis was taking a shower.
He was about to retire and preparing to walk his daughter down the aisle in the coming weeks, family has said.
But since the crash, the now 65-year-old Pleotis has been in and out of rehabilitation facilities and hospitals and his family has been trying to figure out how to pay for all the medical bills, his son Phillip Pleotis has said.
The home was sold as-is, his son said. The sale took place in April, county records show.
A GoFundMe page set up on Pleotis behalf by his family has raised just over $100,000 of a $250,000 goal.
Charles Kirkpatrick is scheduled to respond to, or enter a plea to, the amended complaint on Oct. 11 and a status date is set for Oct. 26.
Connor Kirkpatrick, who is being held in the county jail without bond, is due in court Wednesday on the criminal charges related to the crash and arson at his father’s Lakewood home.