Lawsuit against trooper in fatal I-64 crash is dismissed

A St. Clair County judge on Thursday dismissed a lawsuit filed by a Fayetteville couple against an Illinois State Police trooper who was involved in high-speed crash that killed two Collinsville sisters and injured a pregnant wife and her husband.

Matt Mitchell, the trooper, was talking to his girlfriend on his cell phone while driving 126 mph in the moments before the crash that killed Jessica Uhl, 19, and Kelli Uhl, 13, and injured Kelly and Christine Marler of Fayetteville on Nov. 23, 2007, investigators said.

"(Mitchell) was driving his state-issued police vehicle in a manner unique to his employment at the time of this incident," wrote Circuit Judge Patrick Young. "(Mitchell) is therefore entitled to sovereign immunity and this court lacks jurisdiction over the matter."

Troy Walton, the attorney for the Marlers, had argued that Mitchell's conduct was so egregious that the court should not consider it a part of his job, but a poor personal choice.

"While I respect the court's opinion, I disagree with its decision," Walton said. "I will confer with my clients and consider the options available to us."

Thomas Q. Keefe, the lawyer for the Uhls' parents, filed a claim in the Illinois Court of Claims. Walton filed a claim in the Court of Claims, as well, but also filed a suit against Mitchell individually in St. Clair County Court.

Assistant Attorney General Brad Bucher, who represents Mitchell, argued the case should not proceed in circuit court, but instead in the Illinois Court of Claims because of a state law that does not allow state employees to face a lawsuit for actions taken during the course of their employment.

Young said the case should be heard in the Illinois Court of Claims.

Mitchell was responding to an accident on Illinois 4 near Mascoutah in heavy day-after-Thanksgiving traffic as he when his patrol car crossed the Interstate 64 median and slammed head-on into a Mazda sedan, killing the Uhl sisters and injuring the Marlers.

Moments before the accident, Mitchell was sending e-mails, talking on his cell phone with his girlfriend and driving at triple-digit speeds, investigators said.

Mitchell still faces criminal charges of reckless homicide and aggravated reckless driving.