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Law Division Motion Section Initial Case Management Dates for CALENDARS (A,B,C,D,E,F,H,R,X,Z) will be heard In Person.
All other Law Division Initial Case Management Dates will be heard via Zoom
For more information and Zoom Meeting IDs go to https.//www.cookcountycourt,org/HOME?Zoom-Links?Agg4906_SelectTab/12
Court Date: 8/8/2024 9:00 AM FILED
6/4/2024 3:28 PM
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ
CIRCUIT CLERK
COUNTY DEPARTMENT, LAW DIVISION
COOK COUNTY, IL
FILED DATE: 6/4/2024 3:28 PM 2024L006084
2024L006084
MAGALY PÉREZ, ) Calendar, H
) 27969904
Plaintiff, )
)
v. ) No.: 2024L006084
)
MARIA GUADALUPE PEREZ and )
TAYDE PEREZ CORREA, )
)
Defendants. )
COMPLAINT AT LAW
NOW COMES Plaintiff, MAGALY PÉREZ, by and through her attorneys, Gainsberg
Law, P.C., and as her Complaint at Law against Defendants, MARIA GUADALUPE PEREZ and
TAYDE PEREZ CORREA, states as follows:
1. Plaintiff, MAGALY PÉREZ, is a resident of Illinois.
2. Defendant, MARIA GUADALUPE PEREZ, upon information and belief, is a
resident of the State of Illinois.
3. Defendant, TAYDE PEREZ CORREA, upon information and belief, is a resident
of the State of Illinois.
4. The events complained of in this Complaint at Law occurred in the County of Cook
in the State of Illinois.
5. On or about December 12, 2023, at or around 8:15 a.m., Plaintiff, MAGALY
PÉREZ, was legally and lawfully operating a 2007 Honda CR-V motor vehicle and driving in the
westbound direction of travel on W. Belmont Avenue near 6444 W. Belmont Avenue in the City
of Chicago, County of Cook, and State of Illinois.
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6. At said time, Defendant, MARIA GUADALUPE PEREZ, was operating a 2007
Toyota motor vehicle and driving in the westbound direction of travel on W. Belmont Avenue near
FILED DATE: 6/4/2024 3:28 PM 2024L006084
6444 W. Belmont Avenue in the City of Chicago, County of Cook, and State of Illinois, with the
consent, permission and in furtherance for the benefit of its owner, TAYDE PEREZ CORREA.
7. At said time and place, Defendant, MARIA GUADALUPE PEREZ, caused the
front-portion of the 2007 Toyota motor vehicle she was operating to collide with the rear portion
of the motor vehicle being operated by Plaintiff, MAGALY PÉREZ.
8. At all times material hereto, it was the duty of Defendants, MARIA GUADALUPE
PEREZ and TAYDE PEREZ CORREA, to exercise ordinary care in the ownership, operation,
maintenance and control of said 2007 Toyota motor vehicle for the safety of the person and
property of others there and then upon said roadway and especially Plaintiff, MAGALY PÉREZ.
9. In violation of said duty, Defendants, MARIA GUADALUPE PEREZ and TAYDE
PEREZ CORREA, acted or failed to act in one or more of the following ways, amounting to
negligent conduct and violating the Motor Vehicle Laws of the State of Illinois:
a. Operated the Toyota motor vehicle without keeping a proper and sufficient
lookout for other motor vehicles in and about the area, contrary to and in
violation of the provisions of 625 ILCS 5/11-601(a);
b. Proceeded at a speed which was greater than reasonable and proper with
regard to traffic conditions in the use of the roadways, or which endangered
the safety of Plaintiff, MAGALY PÉREZ, contrary to and in violation of
the provisions of 625 ILCS 5/11-601(a);
c. Failed to decrease the speed of the Toyota motor vehicle so as to avoid
colliding with the Honda CR-V motor vehicle, contrary to and in violation
of the provisions of 625 ILCS 5/11-601(a);
d. Failed to equip the Toyota motor vehicle with proper brakes, contrary to
and in violation of the provisions of 625 ILCS 5/12-301;
e. Failed to give audible warning with the Toyota motor vehicle’s horn of the
approach of said motor vehicle, although such warning was necessary to
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insure the safe operation of said vehicle, contrary to and in violation of the
provisions of 625 ILCS 5/12-601(a);
FILED DATE: 6/4/2024 3:28 PM 2024L006084
f. Failed to keep the Toyota motor vehicle under proper control and failed to
stop, slow down, or otherwise alter the speed, movement or direction of said
vehicle when danger of collision with the aforesaid Honda CR-V motor
vehicle was imminent;
g. Knowingly drove a vehicle with a total disregard for the safety and well-
being of other vehicles, drivers and passengers, particularly Plaintiff,
MAGALY PÉREZ, using the roadways of the State of Illinois, in violation
of the provisions of 625 ILCS 5/11-503;
h. Otherwise acted in a careless or negligent manner.
10. As a direct and proximate result of one or more of the aforesaid careless and
negligent acts and/or omissions by Defendants, MARIA GUADALUPE PEREZ and TAYDE
PEREZ CORREA, Plaintiff, MAGALY PÉREZ, was caused to sustain personal injuries, endure
pain and suffering and mental anguish, to incur and pay medical and hospital expenses, and to be
absent from her usual pursuits for a period of time.
WHEREFORE, Plaintiff, MAGALY PÉREZ, prays for judgment against Defendants,
MARIA GUADALUPE PEREZ and TAYDE PEREZ CORREA, for personal injuries, pain and
suffering, increased risk of future harm, medical and hospital expenses, and absence for her usual
pursuits for a period of time, in an amount in excess of FIFTY THOUSAND DOLLARS
($50,000.00), plus costs of this action, and for whatever other relief this Court deems appropriate
and just.
Respectfully submitted,
GAINSBERG LAW, PC
By: /s/ Matthew Rechtoris
Matthew Rechtoris
Attorney for Plaintiff
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Matthew Rechtoris
Samantha Gutierrez
GAINSBERG LAW, P.C.
FILED DATE: 6/4/2024 3:28 PM 2024L006084
77 W Washington St., Ste. 1215
Chicago, IL 60602
P: (312) 600-9585
F: (312) 757-4545
matthew@gainsberglaw.com
samantha@gainsberglaw.com
Firm ID # 57962
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Preview
Law Division Motion Section Initial Case Management Dates for CALENDARS (A,B,C,D,E,F,H,R,X,Z) will be heard In Person. All other Law Division Initial Case Management Dates will be heard via Zoom For more information and Zoom Meeting IDs go to https.//www.cookcountycourt,org/HOME?Zoom-Links?Agg4906_SelectTab/12 Court Date: 8/8/2024 9:00 AM FILED 6/4/2024 3:28 PM IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS IRIS Y. MARTINEZ CIRCUIT CLERK COUNTY DEPARTMENT, LAW DIVISION COOK COUNTY, IL FILED DATE: 6/4/2024 3:28 PM 2024L006084 2024L006084 MAGALY PÉREZ, ) Calendar, H ) 27969904 Plaintiff, ) ) v. ) No.: 2024L006084 ) MARIA GUADALUPE PEREZ and ) TAYDE PEREZ CORREA, ) ) Defendants. ) COMPLAINT AT LAW NOW COMES Plaintiff, MAGALY PÉREZ, by and through her attorneys, Gainsberg Law, P.C., and as her Complaint at Law against Defendants, MARIA GUADALUPE PEREZ and TAYDE PEREZ CORREA, states as follows: 1. Plaintiff, MAGALY PÉREZ, is a resident of Illinois. 2. Defendant, MARIA GUADALUPE PEREZ, upon information and belief, is a resident of the State of Illinois. 3. Defendant, TAYDE PEREZ CORREA, upon information and belief, is a resident of the State of Illinois. 4. The events complained of in this Complaint at Law occurred in the County of Cook in the State of Illinois. 5. On or about December 12, 2023, at or around 8:15 a.m., Plaintiff, MAGALY PÉREZ, was legally and lawfully operating a 2007 Honda CR-V motor vehicle and driving in the westbound direction of travel on W. Belmont Avenue near 6444 W. Belmont Avenue in the City of Chicago, County of Cook, and State of Illinois. 1 6. At said time, Defendant, MARIA GUADALUPE PEREZ, was operating a 2007 Toyota motor vehicle and driving in the westbound direction of travel on W. Belmont Avenue near FILED DATE: 6/4/2024 3:28 PM 2024L006084 6444 W. Belmont Avenue in the City of Chicago, County of Cook, and State of Illinois, with the consent, permission and in furtherance for the benefit of its owner, TAYDE PEREZ CORREA. 7. At said time and place, Defendant, MARIA GUADALUPE PEREZ, caused the front-portion of the 2007 Toyota motor vehicle she was operating to collide with the rear portion of the motor vehicle being operated by Plaintiff, MAGALY PÉREZ. 8. At all times material hereto, it was the duty of Defendants, MARIA GUADALUPE PEREZ and TAYDE PEREZ CORREA, to exercise ordinary care in the ownership, operation, maintenance and control of said 2007 Toyota motor vehicle for the safety of the person and property of others there and then upon said roadway and especially Plaintiff, MAGALY PÉREZ. 9. In violation of said duty, Defendants, MARIA GUADALUPE PEREZ and TAYDE PEREZ CORREA, acted or failed to act in one or more of the following ways, amounting to negligent conduct and violating the Motor Vehicle Laws of the State of Illinois: a. Operated the Toyota motor vehicle without keeping a proper and sufficient lookout for other motor vehicles in and about the area, contrary to and in violation of the provisions of 625 ILCS 5/11-601(a); b. Proceeded at a speed which was greater than reasonable and proper with regard to traffic conditions in the use of the roadways, or which endangered the safety of Plaintiff, MAGALY PÉREZ, contrary to and in violation of the provisions of 625 ILCS 5/11-601(a); c. Failed to decrease the speed of the Toyota motor vehicle so as to avoid colliding with the Honda CR-V motor vehicle, contrary to and in violation of the provisions of 625 ILCS 5/11-601(a); d. Failed to equip the Toyota motor vehicle with proper brakes, contrary to and in violation of the provisions of 625 ILCS 5/12-301; e. Failed to give audible warning with the Toyota motor vehicle’s horn of the approach of said motor vehicle, although such warning was necessary to 2 insure the safe operation of said vehicle, contrary to and in violation of the provisions of 625 ILCS 5/12-601(a); FILED DATE: 6/4/2024 3:28 PM 2024L006084 f. Failed to keep the Toyota motor vehicle under proper control and failed to stop, slow down, or otherwise alter the speed, movement or direction of said vehicle when danger of collision with the aforesaid Honda CR-V motor vehicle was imminent; g. Knowingly drove a vehicle with a total disregard for the safety and well- being of other vehicles, drivers and passengers, particularly Plaintiff, MAGALY PÉREZ, using the roadways of the State of Illinois, in violation of the provisions of 625 ILCS 5/11-503; h. Otherwise acted in a careless or negligent manner. 10. As a direct and proximate result of one or more of the aforesaid careless and negligent acts and/or omissions by Defendants, MARIA GUADALUPE PEREZ and TAYDE PEREZ CORREA, Plaintiff, MAGALY PÉREZ, was caused to sustain personal injuries, endure pain and suffering and mental anguish, to incur and pay medical and hospital expenses, and to be absent from her usual pursuits for a period of time. WHEREFORE, Plaintiff, MAGALY PÉREZ, prays for judgment against Defendants, MARIA GUADALUPE PEREZ and TAYDE PEREZ CORREA, for personal injuries, pain and suffering, increased risk of future harm, medical and hospital expenses, and absence for her usual pursuits for a period of time, in an amount in excess of FIFTY THOUSAND DOLLARS ($50,000.00), plus costs of this action, and for whatever other relief this Court deems appropriate and just. Respectfully submitted, GAINSBERG LAW, PC By: /s/ Matthew Rechtoris Matthew Rechtoris Attorney for Plaintiff 3 Matthew Rechtoris Samantha Gutierrez GAINSBERG LAW, P.C. FILED DATE: 6/4/2024 3:28 PM 2024L006084 77 W Washington St., Ste. 1215 Chicago, IL 60602 P: (312) 600-9585 F: (312) 757-4545 matthew@gainsberglaw.com samantha@gainsberglaw.com Firm ID # 57962 4