I-55 Wrongway Driver Who Killed 2 Sued By Allstate Insurance: Lawsuit

JOLIET, IL — Michael Trinka, Wilmington's 34-year-old previously convicted drunken driver, who Illinois State Police say caused a wrong way crash on Interstate 55 last summer, killing Kelly Ann Quinlan-Dube and her husband Ron Dube, now faces a civil lawsuit from the Allstate Insurance Company.

The Will County lawsuit filed by Walton Law Group of Chicago also names several other people, including the administrators for the estates of the two people who died as well as the legal guardians for their children who were also injured, but survived, last summer's crash.

According to the lawsuit, Northbrook-based Allstate Insurance Company issued a policy to the parents of criminal defendant Michael Trinka, Jerry and Mary Kay Trinka, for the time period of March 7 to September 7, 2023.

Allstate's lawyer maintains the insurance policy for Michael Trinka's parents identified a 2010 Dodge Avenger and a 2005 Ford Truck F150 as the covered vehicles for the policy. The policy indicated that bodily injury limits were $100,000 per person and $300,000 for each occurrence.

Here's why Allstate has gone to the Will County Courthouse to pursue litigation surrounding last summer's head-on crash along Interstate 55 that killed Ron and Kelly Dube and resulted in Trinka being hauled away in handcuffs to the Will County Jail on July 12:

The 2019 F150 involved in the June 27 double fatal crash was not an insured vehicle under the insurance policy held by the criminal defendant's parents, court records show.

"The vehicle driven by Michael Trinka and allegedly involved in the crash was not described in the policy's declarations," Allstate's attorney noted. "The vehicle involved in the crash was not owned by Jerry Trinka. The vehicle involved in the crash was not owned by Mary Kay Trinka.

The vehicle involved in the crash was owned by jail inmate Michael Trinka and the vehicle in the crash was available for the regular use of Michael Trinka.

Allstate's lawyer then noted that "Michael Trinka, the sole defendant in the underlying action, was not operating an insured auto under the policy at the time of the crash. There is no potential for insurance coverage for Michael Trinka under the policy for the claims and damages alleged in the underlying suit."

Allstate's lawyer has asked that a Will County judge grant Allstate further relief because Allstate is under no obligation to defend or indemnify Michael Trinka for the claims or damages alleged within the underlying suit.

Back on July 20, Joliet Patch reported that Michael Trinka, the 33-year-old previously convicted drunken driver from Wilmington, now faces a wrongful death lawsuit filed by Joliet attorney Frank Cservenyak of Rathbun, Cservenyak & Kozol.

Cservenyak told Joliet Patch the Dubes and three of their children were on their back to their home in Livingston County after dropping off their fourth child at a friend's house for a sleepover.

"How does this ever happen?" Cservenyak remarked last July after filing the lawsuit. "How does he get on the wrong ramp and keep going? That's really the shocker. It's scary."

As for Michael Trinka, he remains behind bars at the Will County Jail, his place of residence since Illinois State Police had him arrested last July 12. Trinka's private counsel has tried to convince Will County Judge Carmen Goodman to utilize the SAFE-T-Act to allow the Wilmington out of the jail, but the judge has continued to reject those arguments, and she has ordered Trinka to remain incarcerated while he faces a dozen felony charges of aggravated driving under the influence from the Will County State's Attorney's Office.

Michael Trinka's next pretrial hearing is set for Jan. 18 in Courtroom 503.

Related Joliet Patch coverage:

Wrongful Death Suit For I-55 Wrongway DUI Driver: Cservenyak

I-55 Double Fatal Wrongway Driver Jailed: State Police

Ron And Kelly Dube: Three Rivers Festival Benefit Set Up