ATTY l.D. #75350 

IN THE CIRCUIT COURT OF THE 18TH JUDICIAL CIRCUIT 

DU PAGE COUNTY, ILLINOIS Chris Kachiroubas 

OMMEHANI AZKIA and, 

MOHAMMED MASIUDDIN, 

Plaintiffs, 

vs. 

JOHN BURCZYK and 

MARTEN TRANSPORT, LTD., 

Defendants. 

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e-filed in the 18th Judicial Circuit Court 

DuPage County 

ENVELOPE: 9929253 

2020L000818 

FILEDATE: 7/29/2020 2:45 PM 

Date Submitted: 7/29/2020 2:45 PM 

Date Accepted: 7/29/2020 2:51 PM 

JK 

NO. 2020L000818 

JURY DEMAND 

COMPLAINT AT LAW 

COUNT I 

NOW COMES the plaintiff, OMMEHANI AZKlA, by and through her attorneys, 

SANDMAN, LEVY AND PETRICH, LLC, and complaining of the defendants, JOHN BURCZYK 

and MARTEN TRANSPORT, LTD., alleges and states as follows: 

I. That on March 28, 2019, the plaintiff, OMMEHANI AZKIA, was the owner of a 

certain motor vehicle which she was then and there operating in a westerly direction along and upon 

I-88 in lane three of traffic, at or near West 22nd Street, in York Township, County of DuPage and 

State of Illinois. 

2. That on March 28, 2019, the defendant, MARTEN TRANSPORT, LTD., was the 

owner of a certain Freightliner truck which was then and there in the possession and control of the 

defendant, JOHN BURCZYK, who was operating said Freightlincr truck in a westerly direction 

along and upon I-88 in lane four of traffic, at or near West 22nd Street, in York Township, County of 

DuPage and State of Illinois. 

3. That at the time and place of this occurrence, the defendant, JOHN BURCZYK, was 

the agent and servant of the defendant, MARTEN TRANSPORT, LTD., and was acting within the 

scope of authority of said agency. 

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4. That it then and there became and was the duty of defendants, and each of them, 

before and at the time of the occurrence, to use ordinary care for the safety of the plaintiff, 

OMMEHANI AZKIA. 

(a) Carelessly and negligently operated and drove said motor vehicle by moving said 

vehicle from one clearly marked traffic lane to another without first ascertaining that 

such movement could be made with safety, in violation of 625 ILCS 5/ll-709(a) 

(1996 State Bar Edition); 

(b) Carelessly and negligently failed to signal the intention to tum the vehicle from a 

direct course on the highway in violation of 625 ILC 5/1 l-804(a) (1996 State Farm 

Edition); 

(c) Carelessly and negligently operated and drove said motor vehicle at a speed greater 

than is reasonable and proper with disregard to the traffic conditions and the use of 

the highway in violation of 625 ILCS 5/ 11-601 ( 1996 State Bar Edition); 

( d) Carelessly and negligently operated and drove said motor vehicle by failing to 

properly apply his brakes; and 

( e) Carelessly and negligently operated and drove said motor vehicle by failing to 

keep a proper lookout. 

5. That as a direct and proximate result of one or more of the foregoing negligent acts, 

the defendants' Freightliner truck collided with great force and violence with the plaintiffs motor 

vehicle causing plaintiff to lose control striking the center concrete median, and as a direct result 

thereof, the plaintiff was injured, caused to suffer pain, incurred large expenses for necessaiy 

medical and hospital care, was disabled for a certain period of time, and lost certain time and 

monies from her employment, and sustained damage to her property. 

WHEREFORE, the plaintiff, OMMEHANI AZKIA, prays for judgment against the 

defendants, JOHN BURCZYK and MARTEN TRANSPORT, LTD., in an amount in excess of 

$50,000.00, plus the costs of this lawsuit. 

COUNT II 

NOW COMES the plaintiff, MOHAMMED MASIUDDIN, by and through his attorneys, 

SANDMAN, LEVY AND PETRJCH, LLC, and complaining of the defendants, JOHN BURCZYK 

and MARTEN TRANSPORT, LTD., alleges and states as follows: 

2 

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1. That on March 28, 2019, the plaintiff, MOHAMMED MASIUDDIN, was a 

passenger m the vehicle being operated by the plaintiff, OMMEHANI AZKIA, and that 

OMMEHAN1 AZKIA, was not the agent, servant or employee of the said defendant and further, 

plaintiff, OMMEHANI AZKIA, had no dominion or control over the operation of said motor 

vehicle which was then and there being operated in a westerly direction along and upon I-88 in lane 

three of traffic, at or near West 22nd Street, in York Township, County of DuPage and State of 

Illinois. 

2. That on March 28, 2019, defendant, JOHN BURCZYK, was then and there in 

possession and control of a certain Freightliner truck which he was then and there operating in a 

westerly direction along and upon I-88 in lane four of traffic, at or near 22nd Street, in York 

Township, County of DuPage and State of Illinois. 

3. That it then and there became and was the duty of defendants, and each of them, 

before and at the time of the occurrence, to use ordinary care for the safety of the plaintiff, 

MOHAMMED MASIUDDIN. 

4. Notwithstanding their duty as aforesaid, defendants committed one or more of the 

following negligent acts: 

(a) Carelessly and negligently operated and drove said motor vehicle by moving said 

vehicle from one clearly marked traffic lane to another without first ascertaining that 

such movement could be made with safety, in violation of 625 ILCS 5/11-709( a) 

(1996 State Bar Edition); 

(b) Carelessly and negligentiy failed to signal the intention to turn the vehicle from a 

direct course on the highway in violation of 625 ILC 5/11-804(a) (1996 State Farm 

Edition); 

( c) Carelessly and negligently operated and drove said motor vehicle at a speed greater 

than is reasonable and proper with disregard to the traffic conditions and the use of 

the highway in violation of 625 ILCS 5/11-60 I (1996 State Bar Edition); 

( d) Carelessly and negligently operated and drove said motor vehicle by failing to 

properly apply his brakes; and 

( e) Carelessly and negligently operated and drove said motor vehicle by failing to 

keep a proper lookout. 

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5. That as a direct and proximate result of one or more of the foregoing negligent acts, 

the defendants' Freightliner truck collided with great force and violence with the motor vehicle in 

which this plaintiff was a passenger, causing plaintiffs driver to lose control striking the center 

concrete median, and as a direct result thereof, the plaintiff, MOHAMMED MASIUDDIN, was 

injured, caused to suffer pain, incurred large expenses for necessary medical and hospital care, was 

disabled for a certain period of time, and lost certain time and monies from his employment. 

WHEREFORE, plaintiff, MOHAMMED MASIUDDIN, prays for judgment against the 

defendants, JOHN BURCZY~ and ~ARTEN TRANSPORzvr., in an amount in excess of 

$50,000.00, plus the costs of this lawsuit. · 11 · 

I f AND PETIUCH, LLC 

By: 

Atty I.D. No. 25535 

SANDMAN, LEVY AND PETRICH, LLC 

Attorneys for Plaintiff( s) 

134 North LaSalle Street, 9th Floor 

Chicago, Illinois 60602 

Phone: (312) 726-1692 

Fax: (312) 726-1687 

infO@slplaw.com 

4 

f!i!}A VID S. PETRICH 

Attorney for Plaintiff(s) 

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AFFIDAVIT OF DAMAGES 

DAVIDS. PETRICH, being first duly sworn on oath, deposes and states as follows: 

1. That your affiant is one of the attorneys representing the plaintiff(s) in the case of 

AZKIA, OMMEHANI V. BURCZYK, JOHN, ET AL. 

2. That the money damages sought exceeds $50,000.00. -} / 

I I 

FURTHER, your affiant sayeth not. 

SUBSCRIBED and ~WOR..N to 

before me this Si B'1 day of 

9 Jll!ff ' 2020. 

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/ ,,, 

I/ 

/ ))A YID S. PETRlCH I _, 

I ./ 

l_./ 

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