Exhibit A

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FILED DATE: 6/22/2020 4:38 PM 20201006563 

FILED 

6/22/2020 4:38 PM 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOROTHY BROWN 

COUNTY DEPARTMENT - LAW DIVISION CIRCUIT CLERK 

COOK COUNTY, IL 

2020L006563 

TIMOTHY FAHEY ) 

) 9550667 

PLAINTIFF, ) 

) 

v. ) CASE NO. 20 L 6563 

) 

WILLIAM SAROLAS, /JOSE R. MARTINEZ, ) 

LYFT, INC. and THE HERTZ ) 

CORPORATION ) 

) 

DEFENDANTS. ) 

PLAINTIFF'S FIRST AMENDED COMPLAINT AT LAW 

Now comes Plaintiff, Timothy Fahey, by and through his attorneys, THE COLLINS LAW 

FIRM, P.C., and states for his First Amended Complaint against William Sarolas, Jose R. 

Martinez, Lyft, Inc. and The Hertz Corporation, ("Defendants"), as follows: 

FACTS 

1. Plaintiff, Timothy Fahey, at all times mentioned, resided, and still resides at 4910 

Eagle Cove South Driveealm Harbor, FL, 34685. 

2. Defendant', William Sarolas, at all times mentioned, resided, and still resides at 

3761 W. 77thPlace, Chicago, Illinois, County of Cook. i

3. That at all times material. Defendant, William Sarolas, was the owner of a 2004 

Chevy Trailblazer, bearing Illinois license plate number V692213. 

4. Defendant, Jose R. Martinez, at all times mentioned, resided, and still resides at 

14242 Davis Ct, Blue Island, Illinois, County of Cook. 

5. That at all times material, Defendant, Jose R. Martinez, was the driver of a 2017 

Hyundai Elantra-CET, bearing Illinois license plate number BE44974. 

Exhibit B

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FILED DATE: 6/22/2020 4:38PM 2020L006563 

6. On November 2, 2019, approximately 4:10 p.m., Plaintiff was a Lyft passenger in 

a vehicle driven by Defendant JOSE R. MARTINEZ and owned by Defendant HERTZ 

CORPORATION at the intersection of II lihStreet and Cicero Avenue, in Chicago, Illinois. 

7. That the Defendant LYFT, INC. is a foreign corporation engaged in Delaware the 

with its agent, CT Corporation System, located at 208 S. LaSalle St., Ste. 814, City of Chicago, 

County of Cook, and State of Illinois. 

8. That the Defendant HERTZ CORPORATION is a foreign corporation engaged in 

Delaware with its with its agent, CT Corporation System, located at 208 S. LaSalle St., Ste. 814, 

City of Chicago, County of Cook, and State of Illinois. 

9. On or about November 2, 2019, Defendant, JOSE R. MARTINEZ, was an agent 

and/or employee of Defendant, LYFT INC. 

10. On or about November 2, 2019, Defendant, JOSE R. MARTINEZ, upon the 

direction of its principal and/or employer Defendant, LFYT, INC., was operating his vehicle 

owned by Defendant HERTZ CORPORATION while driving Plaintiff and several others who 

were LFYT passengers, in the City of Chicago, County of Cook, and State of Illinois. 

11. At the aforementioned time and place, Defendant, while acting within the scope of 

his employment duties or under the direction of his principal, was operating his above referenced 

automobile in a generallY westbound direction on or upon 111th and Cicero Avenue at or near the 

intersection of 11 I th and Cicero Avenue, when the Defendant Sarolas's vehicle struck coDefendant Martinez's vehicle while Co-Defendant Martinez was driving passengers, including 

Plaintiff, for LYFT, thereby causing Plaintiff to sustain injuries as hereinafter alleged. 

COUNT I — Fahey v. Sarolas 

12. Plaintiff re-alleges and incorporates by reference each and every allegation set forth 

2 

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in paragraphs 1 through 11 above. 

13. That at al times hereto material, it was the duty of the Defendant to exercise 

ordinary care for the safety of the person and property of others then and there upon said roadway, 

and especially, the Plaintiff herein. 

14 Notwithstanding said duty as heretofore alleged in the next preceding paragraph, 

Defendant, carelessly and negligently did, or failed to do, one or more of the following acts: 

a) Failed to keep a proper lookout; 

b) Failed to slow or stop his vehicle to avoid colliding with the vehicle carrying 

Plaintiff; ' 

c) Failed to reduce the speed of his vehicle to avoid colliding with the vehicle 

carrying Plaintiff; 

d) Failed to maintain proper control of his vehicle; 

e) Failed to drive at a speed which was reasonable for traffic conditions; 

0 Carelessbi and negligently disobeyed a traffic control device; 

g) Was otherwise careless and negligent in the operation of said motor vehicle. 

15. That by reason of the premises and as a direct and proximate result of the aforesaid 

careless and negligent acts, or omissions, of Defendant, Plaintiff sustained severe injuries. 

16. As a direct and proximate result of the collision, Plaintiff has incurred, and will in 

the future continue to incur, medical and hospital expenses for the treatment of his injuries. 

I 17. Asa direct and proximate result of the collision, Plaintiff has suffered, and will in 

the future continue to suffer, great physical and mental pain and suffering. 

WHEREFORE, Plaintiff, Timothy Fahey, requests judgment against the Defendant, 

William Sarolas, in an amount greater than $50,000.00, plus the costs of this action. 

3 

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COUNT II— Fahey v. Martinez 

18. Plaintiff re-alleges and incorporates by reference each and every allegation set 

forth in paragraphs 1 through 11 above. 

19. That at all times hereto material, it was the duty of the Defendant to exercise 

ordinary care for the safetylof the person and property of others then and there upon said 

roadway, and especially, the Plaintiff herein. 

20. Notwithstanding said duty as heretofore alleged in the next preceding paragraph, 

Defendant, carelessly and negligently did, or failed to do, one or more of the following acts: 

a) Failed to keep a proper lookout; 

b) Failed to slow or stop his vehicle to avoid colliding with another vehicle; 

c) Failed to reduce the speed of his vehicle to avoid colliding with another vehicle; 

d) Failed to Maintain proper control of his vehicle; 

e) Failed to drive at a speed which was reasonable for traffic conditions; 

f) Carelessly and negligently disobeyed a traffic control device; 

g) Was otherwise careless and negligent in the operation of said motor vehicle. 

21. That by reason of the premises and as a direct and proximate result of the aforesaid 

careless and negligent acts, or omissions, of Defendant, Plaintiff sustained severe injuries. 

22. As a direct and proximate result of the collision, Plaintiff has incurred, and will in 

the future continue to incur, medical and hospital expenses for the treatment of his injuries. 

23. As a direct and proximate result of the collision, Plaintiff has suffered, and will in 

the future continue to suffer, great physical and mental pain and suffering. 

WHEREFORE, Plaintiff, Timothy Fahey, requests judgment against the Defendant, Jose 

R. Martinez, in an amount greater than $50,000.00, plus the costs of this action. 

4 

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COUNT — Fahey v. Lyn — RESPONDEAT SUPERIOR 

24. Plaintiff re-alleges and incorporates by reference each and every allegation set forth 

in paragraphs I through II above. 

25. That at the aforesaid time and place, Defendant, JOSE R. MARTINEZ was an 

agent, apparent agent and/or employee of the Defendant, and was acting in the scope of his 

authority as agent, apparent agent and/or employee, and negligently operated his motor vehicle, 

which caused injury and damage to the Plaintiff. 

25. Defendant LYFT, INC., as employer and/or principal of Defendant, JOSE R. 

MARTINEZ was directly responsible for the acts and or omissions of its employee and/or agent 

or apparent agent, as Defendant JOSE R. MARTINEZ was performing his duties in furtherance of 

the relationship between LYFT and JOSE R. MARTINEZ. 

26. Defendant LYFT, INC., by and through its agent and/or employee, was then and 

there guilty of one or more of the following acts or omissions: 

a. Carelessly or negligently failed properly supervise their hired help; 

b. Carelessly or negligently failed to prevent the negligent act of its agent or 

apparent agent; 

c. Carelessly or negligently failed to properly train its agents, apparent agents 

and/or employees; 

d. Carelessly or negligently failed to properly screen its agents, apparent 

agents and/or employees; 

e. Was otherwise careless and negligent. 

5 

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27. That by reAson of the above and as a direct and proximate result of the Defendant, 

LYFT, INC., agent or apparent agent's careless and negligent acts, or omissions, of Defendant, 

Plaintiff, TIMOTHY FAI-!EY, sustained severe injuries, including to his neck and spine. 

28. That as a result of the aforesaid injuries, the Plaintiff, TIMOTHY FAHEY, has 

sustained damages, and continues to sustain damages, that include liability for medical and health 

care expenses, disability, pain and suffering. 

WHEREFORE, it is respectfully requested that judgment be entered in favor of Plaintiff, 

and against Defendant, LYFT, INC., in an amount necessary to fully and fairly compensate 

Plaintiff for his injuries arid losses, which exceeds $50,000.00, together with the costs of this suit. 

COUNT IV — Fahey v. Hertz — RESPONDEAT SUPERIOR 

29. Plaintiff re-alleges and incorporates by reference each and every allegation set forth 

in paragraphs 1 through 11 above. 

30. That at the aforesaid time and place, Defendant, JOSE R. MARTINEZ was driving 

a vehicle owned by THE HERTZ CORPORATION and was acting with the consent and authority 

of Defendant THE HERTZ CORPORATION and negligently operated his motor vehicle, which 

caused injury and damageito the Plaintiff. 

31. Defendant THE HERTZ CORPORATION as owner of the vehicle driven by 

Defendant, JOSE R. MARTINEZ was directly responsible for the acts and or omissions of 

Defendant JOSE R. MARTINEZ, as Defendant MARTINEZ was performing his duties in 

furtherance of the relationship between HERTZ and JOSE R. MARTINEZ. 

32. Defendant THE HERTZ CORPORATION by and through its agent, apparent 

agent, permissive user, and/or employee, was then and there guilty of one or more of the following 

acts or omissions: 

6 

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a. Carelessly or negligently failed to prevent the negligent act of its agent or 

FILED DATE: 6/22/2020 4:38 PM 2020L006563 

apparent agent or permissive user; 

b. Carelessly or negligently failed to properly train its agents, apparent agents 

or permissive users; 

c. Carelessly or negligently failed to properly screen its agents, apparent 

agents and/or permissive users; 

d. Was otherwise careless and negligent. 

33. That by reason of the above and as a direct and proximate result of the Defendant, 

LYFT, INC., agent, apparent agent or permissive user's careless and negligent acts, or omissions, 

of Defendant, Plaintiff, TIMOTHY FAHEY, sustained severe injuries, including to his neck and 

spine. 

28. That as a rl

esult of the aforesaid injuries, the Plaintiff, TIMOTHY FAHEY, has 

sustained damages, and continues to sustain damages, that include liability for medical and health 

care expenses, disability, pain and suffering. 

WHEREFORE, it is respectfully requested that judgment be entered in favor of Plaintiff, 

and against Defendant, THE HERTZ CORPORATION in an amount necessary to fully and fairly 

compensate Plaintiff for his injuries and losses, which exceeds $50,000.00, together with the costs 

of this suit. 

Dated: June 22, 2020 Respectfully submitted, 

By: Al John D. Risvold 

One of Plaintiffs Attorneys 

John D. Risvold 

The Collins Law Firm, p.c. 

7 

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1770 Park Street, Suite 200 

Naperville, Illinois 60563 

jrisvold@collinslaw.com 

(630) 527-1595 

8 

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A lb. 

;_:_t CT Corporation Service of Process 

Transmittal 

06/29/2020 

CT Log Number 

TO: 

LYFT, INC. 

185 Berry St Ste 5000 

San Francisco, CA 94107 

RE: Process Served in Illinois 

FOR: Lyft, Inc. (Domestic State: DE) 

ENCLOSED ARE COPIES OF LEGAL PROCESS RECEIVED BY THE STATUTORY AGENT OF THE ABOVE COMPANY AS FOLLOWS: 

TITLE OF ACTION: TIMOTHY FAHEY, PLTF. vs. WILLIAM SAROLAS, ET AL., DFTS. // To: LYFT, INC. 

DOCUMENT(S) SERVED: 

COURT/AGENCY: None Specified 

Case # 2020L006563 

NATURE OF ACTION: Personal Injury - Vehicle Collision 

ON WHOM PROCESS WAS SERVED: C T Corporation System, Chicago, IL 

DATE AND HOUR OF SERVICE: By Process Server on 06/29/2020 at 12:38 

JURISDICTION SERVED: Illinois 

APPEARANCE OR ANSWER DUE: None Specified 

ATTORNEY(S) / SENDER(S): None Specified 

ACTION ITEMS: 

SIGNED: C T Corporation System 

ADDRESS: 208 LaSalle Ave 

Suite 814 

Page 1 of 2 / MS 

Information displayed on this transmittal is for CT 

Corporation's record keeping purposes only and is provided to 

the recipient for quick reference. This information does not 

constitute a legal opinion as to the nature of action, the 

amount of damages, the answer date, or any information 

contained in the documents themselves. Recipient is 

responsible for interpreting said documents and for taking 

appropriate action. Signatures on certified mail receipts 

confirm receipt of package only, not contents. 

Exhibit C

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Exhibit D

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1

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT - LAW DIVISION

TIMOTHY FAHEY )

 )

PLAINTIFF, )

)

v. ) CASE NO. 20 L 6563

)

WILLIAM SAROLAS, JOSE R. MARTINEZ, )

LYFT, INC. and THE HERTZ )

CORPORATION )

)

DEFENDANTS. )

PLAINTIFF’S AGREED MOTION TO VOLUNTARILY DISMISS, 

PURSUANT TO 735 ILCS 5/2-1009 (a), WITHOUT PREJUDICE, AND 

WITH LEAVE TO REINSTATE AS A MATTER OF RIGHT WITHIN ONE YEAR, 

AND WITH NO OBJECTIONS FROM DEFENDANT

NOW COMES the Plaintiff Timothy Fahey, by his attorney, THE COLLINS LAW FIRM, 

P.C., and its Motion to Voluntarily Dismiss, Pursuant to 735 ILCS 5/2-1009 (a) , Without 

Prejudice, and With Leave to Reinstate As a Matter of Right Within One Year, and With No 

Objection From Defendant, state as follows :

1. With this Motion, Plaintiff seeks to voluntarily dismiss, pursuant to 735 ILCS 5/2-

1009(a) of the Illinois Code of Civil Procedure, the following Defendant: The Hertz Corporation

2. As this Court is aware, a plaintiff may, at any time before trial and upon notice to 

each party who has appeared of each such party’s attorney, dismiss his or her action or any part 

thereof as to any defendant, without prejudice, by order filed in the cause. 735 ILCS 5/2-1009(a)

3. On July 22, 2020 counsel for Plaintiff contacted counsel for Defendant The Hertz 

Corporation and Defendant’s Counsel has no objection to this Motion, or the relief it requests, and 

the parties have further agreed that each party shall bear his/her own costs, fees and expenses. 

WHEREFORE, Plaintiff prays for an Order as follows:

FILED

7/23/2020 3:17 PM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

2020L006563

FILED DATE: 7/23/2020 3:17 PM 2020L006563

Exhibit E

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2

1. Pursuant to 735 ILCS 5/2-1009(a), granting the voluntary dismissal, without 

prejudice, and with leave to reinstate as a matter of right within one year, of plaintiff’s action 

against Defendant, The Hertz Corporation 

2. Each party shall bear its own costs, fees and expenses;

3. Should plaintiff re-file his action, the parties agree, pursuant to Hudson v. City of 

Chicago, 228 Ill. 2d 462 (2008), that no such action would be barred as res judicata by the rule 

against claim splitting. Nothing in this order shall prevent Plaintiff or Defendants from raising 

any other claims or defenses that are or may become available to the parties independent of 

Plaintiff’s decision to exercise his non-suit rights. 

Dated: July 23, 2020

Respectfully Submitted,

Timothy Fahey

By: 

One of His Attorneys

Edward J. Manzke

John D. Risvold

THE COLLINS LAW FIRM

1770 N. Park Street, Ste. 200

Naperville, Illinois 60543

630.527.1595

ejmanzke@collinslaw.com 

#32920

FILED DATE: 7/23/2020 3:17 PM 2020L006563

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IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT - LAW DIVISION

TIMOTHY FAHEY )

 )

PLAINTIFF, )

)

v. ) CASE NO. 20 L 6563

)

WILLIAM SAROLAS, JOSE R. MARTINEZ, )

LYFT, INC. and THE HERTZ )

CORPORATION )

)

DEFENDANTS. )

AGREED ORDER

1. Pursuant to 735 ILCS 5/2-1009(a), the voluntary dismissal is granted, without 

prejudice, and with leave to reinstate as a matter of right within one year, plaintiff’s action 

against Defendant The Hertz Corporation; 

2. Each party shall bear its own costs, fees and expenses;

3. Should plaintiff re-file his action, the parties agree, pursuant to Hudson v. City of 

Chicago, 228 Ill. 2d 462 (2008), that no such action would be barred as res judicata by the rule 

against claim splitting. Nothing in this order shall prevent Plaintiff or Defendants from raising 

any other claims or defenses that are or may become available to the parties independent of 

Plaintiff’s decision to exercise his non-suit rights. 

Dated: July ___, 2020

Entered: 

__________________________

Prepared By:

John D. Risvold

THE COLLINS LAW FIRM

1770 N. Park Street, Ste. 200

Naperville, Illinois 60543

630.527.1595

jrisvold@collinslaw.com

#32920

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