ELMHURST, IL – A lawyer representing two men who are suing an Elmhurst car dealership says he is struggling to serve the business with the papers.
In late June, the lawsuit was filed against Win Auto Plaza, 704 W. Lake St., in connection with a December crash. An employee is accused of running a car into a local house while on a test drive with the two men.
The lawsuit says the men, who were interested in buying a 2012 BMW X6, were injured in the crash.
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Their attorney, Eryk Wachnik, said he has been trying to serve the lawsuit to Win’s registered agent for several weeks.
“(H)e has been avoiding us, and has kept the dealership closed whenever we try to serve him,” Wachnik said in an email to Patch. “Not surprisingly, he has also avoided our calls and earlier letters.”
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On Dec. 5, employee Vladyslav Vityk, 18, of Norridge, gave the prospective customers a test drive, according to a police report. He then drove over two lawns and driveways, with the car going airborne and striking the corner of the house at 715 Junior Terrace.
The car continued in the air, hitting a fence and shed at 627 W. Babcock Ave., police said.
According to the report, Vityk said he was driving “slightly” above the speed limit when he felt the passenger side tire vibrate. He said he felt the car slide right, so he corrected to the left and then lost control, police said.
Vityk was cited on charges of reckless driving, improper lane usage, driving too fast for conditions and disobeying a traffic control device.
Contacted on Tuesday, Vityk acknowledged the lawsuit, but had no other comment.
Win Auto Plaza couldn’t be reached.
In December, Win Auto Plaza received a chronic nuisance warning because of the crash.
It received another one in June after the city said the dealership parked a car in front of a fire hydrant. The business wrote back, saying it would not repeat the violation.
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