Lawsuit seeks $24 million in I-64 crash that killed two sisters
State trooper slammed into their vehicle
BY MIKE FITZGERALD
News-Democrat
The mother of two Collinsville sisters killed in November when a state police cruiser slammed into their car on Interstate 64 has filed a lawsuit against the state and the Illinois State Police, seeking $24 million in damages.
Also named as a defendant is trooper Matt Mitchell, who was indicted by a St. Clair County grand jury in March on reckless homicide charges for his role in the deaths of Jessica Uhl, 18, and Kelli Uhl, 13.
Kimberly Dorsey, the teens' mother and executor of their estates, is seeking $12 million in damages for each death. The complaint states the girls' next-of-kin have been permanently deprived of their "love, society, companionship and support."
Belleville attorney Thomas Q. Keefe filed the lawsuit Thursday on behalf of Dorsey with the Illinois Court of Claims, which handles cases involving claims against state agencies or employees. Keefe said it was his decision to seek $12 million in damages for each girl.
"I'd like to be very clear. That was an amount that was chosen by me," Keefe said. "And it does not represent anything other than an estimate on my part as to what I believe would be fair compensation."
Keefe said he did not consult with Dorsey or the Uhl sisters' father, Brian Uhl, or other family members before deciding to seek the $24 million in damages.
"I just tried to use my professional judgment in selecting the number that I thought in some fashion might compensate them," Keefe said.
About noon Nov. 23, Mitchell's police-issued 2006 Impala was rushing east on Interstate 64 at 126 mph to the scene of an earlier wreck in Mascoutah when it swerved across the median near Illinois 158 in Shiloh and into the path of a car occupied by Jessica and Kelli. The girls died at the scene.
Mitchell has pleaded not guilty to two charges of reckless homicide in St. Clair County Court as well as two charges of reckless driving filed in connection with injuries sustained by a Fayetteville couple who were hurt in the same crash.
The state's case against Mitchell rests on an Illinois State Police internal affairs investigation of the events leading to the crash.
A special grand jury in March, after hearing testimony from two state police investigators, found that Mitchell was driving the Impala east at 126 mph in busy, day-after Thanksgiving traffic while engaged in "other activities," when it crossed the median of Interstate 64 near the Illinois 158 ramp in Shiloh.
Robert Haida, the county state's attorney, has repeatedly declined to define what "other activities" could mean.
Mitchell's cruiser slammed into the left side of the Uhls' westbound 2003 Mazda 6 sedan. The right side of the Mazda then hit the left side of a small SUV driven by Kelly Marler of Fayetteville and containing his pregnant wife, Christine, and their two young children. Despite severe leg injuries, Christine Marler three weeks later gave birth to a healthy daughter.
Mitchell, who is now walking with a cane, has been relieved of his duties and is receiving worker's compensation benefits.
The Court of Claims will assign a hearing officer to the Uhl sisters case, which will be defended by an attorney from the office Illinois Attorney General Lisa Madigan.
The hearing officer will review testimony and evidence connected to the case, and then present it to the Court of Claims, which has discretion to accept, reject or modify any recommended award.
Contact reporter Mike Fitzgerald at mfitzgerald@bnd.com or 239-2533.
