Trent L. Bush, partner at Ward, Murray, Pace & Johnson, P.C. Law Offices, obtained a $3.6 million settlement and apology, on behalf of the family of a man who was killed by a Whiteside County Sheriff’s Deputy, Jeffrey A. Wunderlich. The Deputy turned his squad car in front of the man’s motorcycle while Wunderlich was attempting to enter the wrong way of a one-way lane, without his emergency lights or sirens activated.
William G. Damhoff, 58, was on his way home from work in Dixon, IL, on the evening of July 25, 2016, when he approached the intersection of U. S. Route 30 and Emerson Road. Wunderlich, traveling eastbound on Route 30 in his marked squad car, was en route to Sterling, IL, to relieve Sterling Police in a missing person search. Wunderlich had stopped for gas at the Whiteside County Highway Department, minutes before the collision, before continuing eastbound on Route 30. Dash cam footage showed that Wunderlich was traveling at speeds of 90 m.p.h. after stopping for gas. Contrary to the Sheriff’s general orders, Wunderlich never activated his emergency lights or siren.
At approximately 10:16 p.m., Wunderlich entered the center turn lane of the Route 30 and Emerson intersection, crossed solid double yellow lines, then crossed into the westbound lane as he attempted to enter the marked “DO NOT ENTER,” wrong way of the one-way turn lane of Emerson Road. As noted in the Illinois State Police Traffic Reconstruction report, Mr. Damhoff’s headlight was visible to Wunderlich for at least four seconds before Wunderlich started his turn into the wrong way of the one-way turn lane. Further, the State Police report noted, “Without the activation of Wunderlich’s emergency red and blue lights, there would have been no expectation from the motoring public to yield to his squad car as he responded….Damhoff did not have enough time to react to Wunderlich turning in front of him. Also, Damhoff or any other motorist traveling at the intersection at that time would not have expected Wunderlich to turn prior to the intersection and go the wrong way up a one-way turn lane.”
As part of the settlement, the family obtained an apology from the Sheriff’s Department. However, Mrs. Damhoff notes, “On July 25, 2016, my life was forever changed. When Deputy Wunderlich decided to turn left in front of Bill, hitting him, Bill suffered multiple bone fractures. The ribs that were broken punctured Bill’s lungs and caused his lungs to fill up with blood. Bill lay on the road and suffocated to death. No one from the Sheriff’s Department ever contacted me that night, or in the four years since. The cruelty of this still makes me very angry. I wouldn’t wish this horror on anyone. Bill did not deserve this, and neither did I.”
Mrs. Damhoff is thankful for those that have supported her through this tragedy. “I want to acknowledge all those who helped me up and assisted me when I was too distraught to help myself. These people include my children, grandchildren, my CGH co-workers, Russ and Jackie Damhoff, and many friends. And last but not least, my Attorney, Trent Bush. I would have never survived the legal battle without him. I will be forever grateful for his integrity, kindness, and hard work.”
“We are happy and proud to stand beside this family and fight for the justice Bill and they deserved. Nothing will bring this great man back, but the settlement, paid for by the County’s insurer, and apology by the Sheriff are a small measure of justice and a long overdue acknowledgement of the unnecessary and grievous loss suffered by Bill’s family,” stated Bush.
It was anticipated that the case would be scheduled for a fall trial date, depending on the status of COVID-19 conditions and the courts. The parties settled on Monday, July 20, 2020, just weeks before dispositive motions were due.
For further information, please contact WMPJ Communications Partner Timothy B. Zollinger at 815-625-8200.
Click here for Sheriff John F. Booker’s Letter.
Click here for more information about the suit from Ward, Murray, Pace, & Johnson, P.C.