Elmhurst Settling Suit Over 2024 Fatal Crash

ELMHURST, IL – The Elmhurst City Council is expected to settle a lawsuit Monday with the estate of a woman who was killed in a crash on the north side.

On Jan. 26, 2024, 74-year-old Elmhurst resident Rosemary Rice was killed when she was struck by a car while walking across York Street at the intersection with Diversey Avenue.

The administrator of Rice's estate was her daughter, Patricia Hudson. After the crash, she urged the council to make the intersection safer.

Filed in January, the lawsuit alleged the city ignored residents' concerns about the intersection for years, accusing officials of "utter indifference."

Posted Thursday, the council's agenda packet indicated the city would include more information about the settlement later Friday. No settlement amount was made available.

The lawsuit named the driver and the city as defendants. Rice's family is represented by the Chicago-based law firm Morici, Longo & Associates.

The crash was about 6:30 a.m. at an unmarked crosswalk on York, the lawsuit said. Rice was crossing the street from her home to the gas station across York.

The lawsuit said the streetlights on North York were not operating properly at the time, which was a half hour before sunrise. Patch has reported on the city's correspondence about the problem, which involved an alderman calling attention to it.

For at least 10 days, the city was aware of the streetlight issue, according to the litigation.

In late 2019 and early 2020, the lawsuit said, several hundred people signed a petition urging the city to take safety measures at the intersection because of several crashes, including a fatality.

In response to the concerns, Elmhurst hired an engineering firm to look at ways to improve safety at the intersection.

Despite the high number of pedestrian crossings, the city still failed to consider or take any actions recommended in the engineer's report, the lawsuit said.

At a February 2020 City Council meeting, former Mayor Pete DiCianni urged the city to address the issue.

"I ask for your leadership. I ask for a traffic control light, the sooner, the better," DiCianni said. "Today, I'm asking you to do your job."

A year ago, a City Council committee reviewed the issues at the intersection in light of Rice's death. No decisions were made.