(STMW) — The family of a 23-year-old North Aurora woman, who was struck and killed by a garbage truck earlier this summer, has filed a wrongful death suit against the truck’s driver, the Aurora Beacon-News is reporting.

Monica Warner was pulling out of a private driveway on East Fabyan Parkway in Batavia at about 6 a.m. on May 15 when her vehicle was struck by a garbage truck. The garbage truck’s driver was Matthew Flood, a 22-year-old Carol Stream man.

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Flood sustained minor injuries in the accident. Warner was killed.

The suit against Flood alleges that he acted in a negligent manner while driving the truck, and that the company failed to properly maintain the vehicle.

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Both Flood, and Flood Bros. Disposal Co., are named in the suit. It alleges that the truck did not have proper breaks or a horn. Warner’s family alleged that Flood was driving too fast, and with disregard for the safety of others when he struck the victim.

Court records show no criminal charges were filed against Flood as a result of the crash.

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(Source: Sun-Times Media Wire © Chicago Sun-Times 2013. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)