Family Sues After Man Killed During Blizzard Cleanup

CHICAGO (STMW) – The family of a man fatally struck by a snow removal truck last week filed a lawsuit Monday against the City of Chicago and the truck driver.

The suit claims Richard Tobar was driving a city freight liner that fatally struck Alberto Moya on Wednesday, Feb. 2 at 2886 S. Archer Ave., according to a suit filed in Cook County Circuit Court.

The suit claims the truck was southbound on South Elias Court when it stopped and attempted to back across South Archer Avenue but struck Moya in the intersection.

Moya, 44, of 2894 S. Archer Ave., was dead on the scene, according to the Cook County Medical Examiner’s office. An autopsy determined he died from multiple injuries from a truck striking a pedestrian.

Police said the vehicle that struck Moya was a city Department of Transportation fleet truck. The driver stayed at the scene and was ticketed for operating the vehicle in reverse and failing to exercise due care for a pedestrian.

The two-count suit claims Tobar didn’t keep a proper lookout, failed to give audible warning and failed to yield to a pedestrian. It also claims he was driving too fast and failed to stop to avoid a collision.

A spokesperson from the city’s Department of Law was not immediately available for comment.

The suit, filed by Moya’s brother, Steve Moya, is seeking more than $50,000 plus the cost of the suit.

© Sun-Times Media Wire Chicago Sun-Times 2011. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed

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  • mary

    why is there nothing in the story about moya crossing in the middle of the block?
    he’s partly to blame. yes,its a shame he was run over,but the driver wasn’t the only one at fault.

  • sonnyboy77

    Mary, if you READ the story, it clearly states that Moya was struck in the INTRESECTION when the truck was backing up. It’s a terrible accident and I’m sure the driver feels horrible-but it was an accident never the less-however, the driver was at fault. I mean if you look both ways and begin crossing a street and someone comes driving backward, you really don’t expect that. I know I don’t. I hope they get more than $50,000 plus expenses. Money can’t take the place or bring him back but at least go for a few hundred thousand. Geez.

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  • Linda Guptill

    A horrible accident to be sure. What surprises me is the low amount being asked for in the suit. Granted, no amount of money can bring back the loved one, but $50,000 seems such a low figure. Perhaps the family just wants to “make a point” to the driver – (if still employed) to drive more carefully in the future?. Condolences to the Moya family for their loss.

  • co-worker of driver

    Mary i agree! i am not surprised the family suing i think any one would,but i am surprised so soon i think you should get all the facts first. sonnyboy if you would go back to first story the witness the only witness tells what he seen,you are reading the moya’s brothers story, you will see he did look he also had the back up alarm and he also lay’s on the horn ant don’t for get it was a blizzard on top of it. so not only did the driver not see him neither did the witness or the other city driver . there was nothing he could have done different. a lot of points could be made by this get your facts,and you could also make a point on don’t walk,run or what ever else in front or be hind a working truck at any time but more so during a blizzard.i know i would not. guess we will see!

  • jimmy lee

    City driver was clearly at fault.Aman struggling in the snow,slow on response due to the feet of snow, he is struggling to walk in has very little reaction time.He probably was worried about vehicles coming from the direction they were suppose to be coming from.No one expects a truck to jet out of a street in the wrong direction backwards.

  • co worker of driver

    My thoughts and prayers for moya family,this has been a very unfortunate accident and unfortunately for both men do to the weather both men and there families life’s has been changed for ever. apparently there are people who either never drove in this city during a blizzard or even just snow,and they obviously don’t drive for the city. i do think its sad that people who don’t understand or have all the facts come on sites and say things they don’t have a clue about. if they did they would know that mr moya did not cross at the INTRESECTION, and i am sure it was hard to walk in it also, but the facts are the driver was doing his job and god knows if he was not doing one of you would call crying about the street not being cleaned. but again there was only a few people on the street that day and the one man who was out there told what really happened that horrible day. i don’t think there is enough money in the world to bring a love one back,but i do under stand the family trying to sue. but the “POINT” is he could not have done nothing different,and even if he did not look to see a BIG ass orange truck i am sure unless he cant hear he would have heard the truck you could hear the back up beeping for blocks a way and on top of that the driver lays on his horn when he backs up any time but when you are STUCK in the snow and you have to clean the streets you have to back up to get out you would think people walking would stay clear. i am happy that some os you are not judge and jury from reading a story that is one sided. you are reading the family’s CLAIMS and they are not asking for 50,000 they are saying they want no less and again cant blame them and good luck,and to the drivers family i will be praying for you god bless both family’s. time will tell but i have to agree with mary from hearing both sides i would say both at fault but in the end in will show an accident is a accident so there is not punishment!

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