A City of DeKalb tower charged by the city with six counts of towing violations also is being sued for $65,000 in connection with Feb. 7, 1986, incident in which an NIU student was hit by a tow truck.

The case is still in litigation and no new court dates have been set.

Court records state Michael Fitzgerald, owner of Northern Illinois Towing, 2615 Sycamore Road, is accused of operating his tow truck at an excessive rate of speed under the circumstances, failure to keep a proper lookout, failure to keep his tow truck under proper control, failure to yield the right of way to a pedestrian, failure to take proper action to avoid colliding with a pedestrian and failure to warn a pedestrian of impending danger by sounding his horn.

The pedestrian charged that one or more of the violations resulted in Fitzgerald’s tow truck striking NIU student Cheryl Wernick, throwing her to the ground and causing injuries to her.

Fitzgerald refused to comment about the suit.

Gary Friedman, Wernick’s lawyer, said he hopes to have the case resolved within the next year. The case is pending at the DeKalb County Courthouse in Sycamore.

Wernick claimed the injuries required her to spend a large amount of money on medical treatment. She also stated she experienced pain and mental anguish, was unable to attend school for some time and became temporarily and permanently disabled and disfigured.

Wernick is asking judgement against Fitzgerald, Fitz’s All Around Service and Northern Illinois Towing in excess of $15,000 as compensatory damage plus $50,000 punitive damages, the records state.

Fitzgerald claimed Wernick walked in front of a moving vehicle when she knew the vehicle was moving toward her, failed to take action to avoid a collision, failed to keep a proper lookout for his truck and placed herself in a position of danger, and was negligent of her conduct.

In addition to Wernick, six witnesses denied her negligence.

NIU student Yvonne Kriss, owner of the vehicle Fitzgerald was towing, stated in a March 22, 1986, court record Fitzgerald had “hooked up” her car to his truck during a party she was attending. She said she asked him how much money he wanted, he said $50, and she went back to the party to collect more money.

When she came back outside, Kriss stated she sat in her car to count the money with her friends (Wernick was included). She said Fitzgerald began to kick the tire of her car.

Everyone asked Fitzgerald to stop, Kriss stated. Fitzgerald failed to stop, so Wernick stood between him and the car and asked him again to stop, Kriss said.

Fitzgerald then kicked Wernick three times, Kriss stated. Wernick moved in front of the truck to copy the license plate number and Fitzgerald hit Wernick with the truck, she stated.