Posted On: May 26, 2010 by Steven J. Malman

Mother Sues Peoria County Sheriff's Department for Daughter’s Fatal Illinois Car Accident Death During Police Pursuit

Kim Rhoades, the mother of Ashlyn Payne, has filed an Illinois wrongful death lawsuit against the Peoria County Sheriff's Department. Payne was pronounced brain dead in October 2009 after she was injured in a single-vehicle crash.

The 18-year-old was riding in a car driven by Jamie D. Duhs. also 18. The two of them had been drinking that night when the vehicle the were riding crashed.

A sheriff’s deputy was called to the scene and that was when Duhs got back in the vehicle and drove off. A police pursuit ensued that reached speeds of up to 90 mph. She too was critically injured during the Illinois car crash.

In her Illinois wrongful death lawsuit, Rhoades is accusing the sheriff’s deputy of acting in a “willful and wanton” way that contributed to her daughter’s car accident death. She claims that the deputy did not follow police pursuit policies and kept chasing after the vehicle after doing so was no longer safe.

Rhoades is seeking unspecified damages.

Duhs, who was also critically injured during the Illinois car accident was cited for DUI. Her blood-alcohol content was 0.213%, which was way over the .80 legal driving limit for alcohol. Illinois has a zero-tolerance policy for drivers under age 21. Since then, she has pleaded guilty to one count of aggravated driving under the influence. Rhoades had requested that Duhs, a close friend of her daughter’s, avoid jail time. Duhs is sentenced to 180 days in jail, probation for three years, and 200 hours of public service.

Mother sues sheriff for trying to stop car, PJStar, April 30, 2010

Crash Victim Dies, Central Illinois News Center

Related Web Resources:
Peoria County Sheriff's Office

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