JANESVILLE — The family of Marguerite Bladorn, the Janesville woman killed in a 2007 crash at Milwaukee Street and Wuthering Hills Drive, is suing the driver of the other vehicle.
Bladorn, 49, of 4244 Valencia Drive, was killed Sept. 12, 2007, as she was taking her 12-year-old daughter, Kendal, to Marshall Middle School. Bladorn pulled out into traffic and collided with a car driven by Darren Miller, now 22.
The lawsuit lists Miller's address as 608 W. Van Buren St., Janesville.
According to the suit, Miller was driving without car insurance.
The suit claims Miller was driving recklessly at high speed and weaving in and out of traffic before the impact.
"In addition, Miller failed to see the Bladorn vehicle and failed to control his vehicle," according to the suit.
The suit asks for compensation for loss of income, society, companionship, medical and funeral expenses and wages. It also asks for punitive damages.
Witnesses told police Miller was speeding and weaving in and out of traffic, and at least one witness told police the driver appeared to be racing with another car, according to police reports.
Janesville police ticketed Miller for speeding and reckless driving. Online court records show Miller was fined $598 after pleading no contest to both citations.
Janesville police Capt. Dan Davis at the time said officers cited Miller based on witness observations, an accident reconstruction that put Miller's speed between 55 to 62 mph in a 35 mph zone and the opinion of an independent lawyer consulted by the city attorney.
Rock County District Attorney David O'Leary decided in April not to file criminal charges against Miller because an accident reconstruction by the Wisconsin State Patrol found that Bladorn was partially at fault by failing to yield the right of way from a stop sign while turning left.
To charge homicide by negligent operation of a vehicle, prosecutors must prove a defendant caused the death of another person by the negligent use of a vehicle.
Criminal negligence is defined as "ordinary negligence to a high degree," O'Leary said in a press release explaining his decision.
Because the state patrol concluded both parties contributed to the crash, the prosecution could prove that either party was criminally negligent, O'Leary said at the time.