Crowbar Beating Death At Elwood's Intermodal After Fight: Lawsuit

JOLIET, IL — This summer will mark three years since a semi-trailer driver from Cook County, Vygintas Subata, died from his injuries in Joliet at St. Joe's hospital. Subata was beaten over the head with a crowbar used by another truck driver, Frank Upchurch, on Elwood International Port Road, according to a lawsuit filed at the Will County Courthouse.

No arrests have been made in connection with Subata's death, Elwood Police Chief Fred Hayes confirmed to Joliet Patch during an interview this week. At the time of his death, the 54-year-old Subata resided in Woodridge.

This week, Chief Hayes told Patch that Subata's death remains an active criminal investigation at his agency, and Elwood police continue to work closely with the Will County State's Attorney's Office.

Hayes did not have a specific time frame on when the investigation will conclude or whether charges will be filed. Hayes said the fight involving several truck drivers was captured on video surveillance tapes at the Elwood intermodal.

According to Hayes, it's his understanding that several truck drivers were waiting in line to pick up their shipping containers and an altercation broke out after some of the drivers accused another driver of cutting into the line.

At some point, during the fight, Subata suffered injuries, and he died several days later at St. Joe's hospital, Hayes said. Elwood police did respond to the "fight in process and when officers arrived, it was pretty much over," Elwood's police chief added.

Last July, Nijole Subatiene filed a negligence lawsuit at Will County's Courthouse against Burlington Northern Sante Fe Railway Company and DNJ Intermodal Services. By December, DNJ Intermodal Services filed a third-party complaint brought forward by attorney Joseph J. Wilson of Marzullo & Associates against Universal Intermodal Services and driver Frank Upchurch.

According to Wilson's counter lawsuit filed in December, on July 21, 2021, Subata was working as a truck driver and waiting to drop off a trailer in Elwood at 26353 South Elwood International Port. That day, an altercation arose involving two truck drivers, and Subata intervened to break up the fight, the lawsuit contends.

"Thereafter, Frank Upchurch, acting as an agent and or employee of the third-party defendant, Universal, struck Vygintas Subata with a crowbar, causing him to fall backward and sustain fatal injuries," Wilson informed the court.

According to Wilson's filing, DNJ Intermodal Services denies all the allegations and further denies it is responsible for the fatal injuries suffered by Subata.

In its counter-lawsuit claim, DNJ contends that Upchurch was an employee and agent of Universal and that Upchurch was operating a semi-trailer near 26353 South Elwood International Port in Elwood on July 21, 2021.

DNJ Intermodal Services maintains that Upchurch and Universal were careless and negligent surrounding the death of Subata, that "Frank Upchurch was a proximate cause of the personal injuries" and Universal "failed to remove an unsafe driver from service."

DNJ's attorney also accuses Universal of negligent hiring, training, retention and supervision regarding Upchurch "as to insure he would be a reasonably competent and safe tractor-trailer operator" and "to ensure that he should avoid conflict with other truck drivers."

Wilson's filing asks that if a Will County court issues a monetary judgment on behalf of the lawsuit plaintiff, that the judgment be granted against Universal Intermodal Services and employee Frank Upchurch "for causing the fatal injuries and damages sustained" by Subata.

According to the lawsuit summons on file at Joliet's downtown courthouse, Upchurch may be residing in University Park or in Park Forest.