Wrongful Death Suit Filed After UPS Driver Crushed

NEW LENOX, IL - The widow of a long-time UPS delivery driver who died while at a job site in Bolingbrook on Aug. 28 has filed a wrongful death lawsuit against Performance Food Group doing business as VISTAR. New Lenox resident Thomas Mulka, 55, was killed at the loading dock of the Bolingbrook company, which is located at 115 Crossroads Parkway. Bolingbrook Police and firefighters responded to the industrial park around 6 p.m. Authorities said Mulka was crushed to death.

Now, a federal lawsuit has been filed in Chicago by Christina Mulka on behalf of her late husband's estate. The lawsuit was brought by attorney Daniel Biederman of the Leonard Law Group. The wrongful death lawsuit accuses VISTAR of causing Mulka's death. Mulka's obituary noted that the New Lenox man had been employed for UPS for 34 years.

"As a direct and proximate result of one or more of the foregoing negligent acts and/or omissions of Defendant, VISTAR, plaintiff's decedent Thomas Mulka suffered fatal personal injuries on August 28, 2018," the lawsuit states, noting that Mulka was survived by his wife, an adult daughter and an adult son.

"The said next-of-kin ... suffered and will continue to suffer significant and permanent injuries as a direct and proximate result of his death, including the loss of companionship, loss of society, grief and sorrow, and pecuniary loss," the lawsuit states.

According to the family's lawyer, Mulka was lawfully visiting the premises at the VISTAR company's warehouse loading dock to receive a delivery on the evening of Aug 28.

"At the said time and place, after the truck began rolling away from the dock ... Thomas Mulka became pinned between the trailer of his semi-trailer truck and the trailer of the semi-trailer truck in the neighboring bay of the said dock, directly and proximately causing him to suffer fatal crush injuries," the lawsuit states.

"Before August 28, 2018, employees, agents, and or apparent agents of Defendant VISTAR, employed or should have employed wheel chocks to prevent trucks receiving deliveries at the said dock via powered industrial truck from rolling away from the dock," the lawsuit alleges.

ORIGINAL PATCH STORY: UPS Driver Dies In Bolingbrook

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