Naperville officials are poised to settle a lawsuit filed against a city police officer who caused a squad car accident seven years ago that sent two pedestrians to the hospital and triggered a call for his ouster from Police Department brass.
The City Council will be asked to sign off Tuesday evening on a one-time combined payment of $643,750 to Carolyn Marszalik, 39, and Stephen Sokoloski, 41, and a $25,000 settlement with Steve Ellis. The three filed a lawsuit stemming from the accident at Main Street and Aurora Avenue on Oct. 19, 2008.
Filed in DuPage County on Aug. 27, 2009, the complaint named Officer Ken Keating and the city. The suit asserted “negligent and willful and wanton acts or omissions” by Keating, a 20-year department veteran, and the city. A sergeant in the department at the time, Keating was responding to an emergency call when the collision took place. Police at the time said he drove into the intersection and struck Marszalik and Sokoloski as they were walking north across Aurora Avenue. The two were taken to Edward Hospital for treatment of non-life-threatening injuries and released.
Ellis’ payment covers “damages on account of personal physical injuries or physical sickness,” according to the settlement documents. Additional details of his role in the accident were not immediately available.
Investigators from the DuPage County state’s attorney’s office declined to file criminal charges or issue traffic tickets related to the incident, but then-Police Chief David Dial in February 2009 formally recommended that Keating be dismissed. Dial asserted that the officer had breached numerous department regulations, constituting “unsafe, careless conduct that exhibits poor judgment.” Members of Naperville’s Board of Police and Fire Commissioners placed Keating on unpaid leave that month, but said they lacked the authority to terminate his employment.
Keating returned to the job after about six weeks of suspension. Department officials at the time declined to divulge whether Keating had been demoted, but Commander Jason Arres said this week that his current rank is officer.
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