Rock Falls

IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
COUNTY OF WHITESIDE, STATE OF ILLINOIS
}
CHRISTINA J. O’NEAL, Successor Executor }
FILED
of the ESTATE of BRUCE D. O’NEAL, } Circuit Court Whiteside County
deceased, and MICHELE L. RIESSELMAN, } Date: 3/24/2023 7:46 AM
Sue Costello Circuit Clerk
Individually, }
}
Plaintiffs, }
2023LA14
}
vs. } No. ______________
}
CITY OF ROCK FALLS, }
a Municipal Corporation, }
ROLLIE A. ELDER, and }
MITCHELL R. OTTENHAUSEN }
}
Defendants. }
}
COMPLAINT
The Plaintiffs, Christina J. O’Neal, as Successor Executor of the Estate of Bruce D. O’Neal,
Deceased, and Michele L. Riesselman, Individually, by and through their attorneys, the Law Firm
of Mertes & Mertes, P.C., complain of the Defendants, the City of Rock Falls, a Municipal
Corporation, Rollie A. Elder and Mitchell R. Ottenhausen, and state as follows:
1
Table of Contents
Count Page Parties Cause of Action

Estate of Bruce D. O’Neal v.
1 4 Wrongful Death: Negligence
Rollie A. Elder
Wrongful Death:
2 10 Negligence/Vicarious Liability
City of Rock Falls
(Officer Elder)
Estate of Bruce D. O’Neal v. Wrongful Death: Willful Wanton
3 17
Rollie A. Elder Conduct
Wrongful Death: Willful Wanton
4 24 Conduct/Vicarious Liability (Officer
City of Rock Falls
Elder)
5 31 Survival Act: Negligence
Rollie A. Elder
Estate of Bruce D. O’Neal v. Survival Act: Negligence/Vicarious
6 37
City of Rock Falls Liability (Officer Elder)
7 44 Survival Act: Willful Wanton Conduct
Rollie A. Elder
Survival Act: Willful Wanton
City of Rock Falls
Elder)
9 57 Wrongful Death: Negligence
Mitchell R. Ottenhausen
Wrongful Death:
10 64 Negligence/Vicarious Liability
City of Rock Falls
(Officer Ottenhausen)
Estate of Bruce D. O’Neal v. Wrongful Death: Willful Wanton
11 71
Mitchell R. Ottenhausen Conduct
Wrongful Death: Willful Wanton
City of Rock Falls
Ottenhausen)
13 85 Survival Act: Negligence.
Estate of Bruce D. O’Neal v. Survival Act: Negligence/Vicarious

14 92
City of Rock Falls Liability (Officer Ottenhausen)

15 98 Survival Act: Willful Wanton Conduct
2
Survival Act: Willful Wanton
City of Rock Falls
Ottenhausen)
Michele L. Riesselman v.
17 112 Negligence
Rollie A. Elder
Michele L. Riesselman v. Negligence/Vicarious Liability
18 118
City of Rock Falls (Officer Elder)
19 125 Willful Wanton Conduct
Rollie A. Elder
Michele L. Riesselman v. Willful Wanton Conduct/Vicarious
20 132
City of Rock Falls Liability (Officer Elder)
21 139 Negligence
Michele L. Riesselman v. Negligence/Vicarious Liability

22 145
City of Rock Falls (Officer Ottenhausen)
23 152 Willful Wanton Conduct
Michele L. Riesselman v. Willful Wanton Conduct/Vicarious

24 159
City of Rock Falls Liability (Officer Ottenhausen)
3
COUNT 1
{Estate of Bruce D. O’Neal vs. Rollie A. Elder}
Wrongful Death Act: Negligence
The Plaintiff, Christina J. O’Neal, Successor Executor of the Estate of Bruce D. O’Neal,
Deceased, complains of the Defendant, Rollie A. Elder, and alleges as follows:
1. On March 17, 2023, the Circuit Court of the Fourteenth Judicial Circuit issued Letters
of Office to Christina J. O’Neal, conferring upon her the authority by which to act as Successor
Executor of the Estate of Bruce D. O’Neal, deceased, in a separate probate cause of action
specifically entitled In re Estate of Bruce D. O’Neal, Whiteside County Case Number 2022 PR 46. A
copy of the Letters of Office has been attached as Exhibit 1 to this Complaint and is specifically
incorporated herein.
2. The Plaintiff’s Decedent, Bruce D. O’Neal, now deceased, was an individual adult
person who resided in the State of Illinois.
3. The Plaintiff, Michele L. Riesselman, is an individual adult person who resides in the
State of Illinois.
4. The Defendant, City of Rock Falls (hereafter “Rock Falls”), is a municipal corporation
organized and existing under the laws of the State of Illinois and located within the County of
Whiteside and State of Illinois.
5. The Defendant, Rollie A. Elder (hereafter “Elder”), is an individual adult person who
resides in the State of Illinois.
6. The Defendant, Mitchell R. Ottenhausen (hereafter “Ottenhausen”), is an individual
adult person who resides in the State of Illinois.
7. On March 29, 2022, Elder was employed as a police officer by Rock Falls and within that
capacity Elder was an employee, agent, and representative of Rock Falls.
4
8. On March 29, 2022, Ottenhausen was employed as a police officer by Rock Falls and
within that capacity Ottenhausen was an employee, agent, and representative of Rock Falls.
9. At all times relevant to this Complaint, Elder and Ottenhausen were acting within the
scope and authority of their agency and employment with Rock Falls.
10. The City of Sterling, Illinois (hereafter “Sterling”) is a municipal corporation that is
separate and distinct from Rock Falls.
11. Sterling is virtually contiguous to and generally north of Rock Falls. The two cities are
geographically separated by the Rock River that intercedes them.
12. In the mid to late afternoon of March 29, 2022, Sterling Police Officer Bryce Stanley
encountered a black 2015 Mercedes Benz (hereafter the “Mercedes”) that was traveling in the
wrong direction (eastbound) on a one-way westbound street in Sterling.
13. The Mercedes was later determined to be driven and solely occupied by Nazier T.
Pryor (hereafter “Pryor”), though the vehicle was registered to his sister, Chyna Pryor, of
Chicago, Illinois.
14. Officer Stanley attempted to conduct a traffic stop of the Mercedes, but Pryor fled,
colliding with another vehicle just as he began to flee, resulting in no injuries.
15. Sterling police officers soon thereafter discontinued their active pursuit of the
Mercedes.
16. Elder and Ottenhausen were on duty as Rock Falls Police Officers at that time.
17. Elder was wearing a police uniform and operating a fully marked City of Rock Falls
police squad car equipped with oscillating, rotating or flashing red or blue lights which when
used in conjunction with an audible horn or siren would indicate the vehicle to be an official
police vehicle.
5
18. Ottenhausen was wearing a police uniform and operating a separate fully marked City
of Rock Falls police squad car equipped with oscillating, rotating or flashing red or blue lights
which when used in conjunction with an audible horn or siren would indicate the vehicle to be
an official police vehicle.
19. Elder and Ottenhausen overheard Sterling’s police radio communications regarding
the encounter between Sterling police and the Mercedes.
20. In his attempt to locate the Mercedes, Elder began monitoring southbound vehicular
traffic traveling into Rock Falls from Sterling on 12th Avenue.
21. On that day of the week and at that time of the day, the roadways in and around
Sterling and Rock Falls, including 12th Avenue and U.S. Route 30, were busy with regular traffic
of substantial volume.
22. As Elder was observing traffic traveling southbound on 12th Avenue from Sterling into
Rock Falls, he observed the Mercedes traveling southbound into Rock Falls.
23. As the Mercedes traveled in a southerly direction upon 12th Avenue in Rock Falls, past
Elder’s marked squad car, Elder activated the oscillating, rotating or flashing red or blue lights
and audible horn or siren of his fully marked squad car, indicating the vehicle to be an official
police vehicle.
24. With his lights and siren activated, Elder began pursuing the Mercedes in a southerly
direction on 12th Avenue in Rock Falls, approaching its intersection with U.S. Route 30 in Rock
Falls.
25. Pryor, who continued driving the Mercedes, began traveling at a high rate of speed
and pulling away from Elder.
26. Pryor turned the Mercedes eastbound onto U.S. Route 30 from 12th Avenue, with Elder
continuing to pursue the vehicle.
6
27. As Elder pursued him, Pryor traveled eastbound on U.S. Route 30, across several city
blocks through the City of Rock Falls, at a high rate of speed.
28. As the Mercedes operated by Pryor continued to travel eastbound on U.S. Route 30,
Ottenhausen traveled south on Seventh Avenue in Rock Falls, Illinois to intercept the fleeing
vehicle.
29. At that approximate time, Ottenhausen activated the oscillating, rotating or flashing
red or blue lights and audible horn or siren of his fully marked squad car, indicating the vehicle
to be an official police vehicle.
30. As the Mercedes passed through the intersection of U.S. Route 30 and Seventh Avenue
in Rock Falls, continuing in an easterly direction on U.S. Route 30, Ottenhausen turned eastbound
onto U.S. Route 30 from Seventh Avenue in Rock Falls, thereby joining and advancing the high-
speed pursuit of the Mercedes through the busy weekday afternoon streets of Rock Falls.
31. During their continuing high-speed pursuit of the Mercedes, Elder and Ottenhausen
observed the Mercedes veer around other vehicles and travel eastbound through the major
intersection of U.S. Route 30 and First Avenue (Illinois Route 40) in Rock Falls at a high rate of
speed.
32. During their continuing high-speed pursuit of the Mercedes, Ottenhausen and Elder
observed the Mercedes to be traveling at speeds greater than 100 miles per hour.
33. During their continuing high-speed pursuit of the Mercedes, as it continued traveling
eastbound on U.S. Route 30, the Mercedes passed several other eastbound vehicles by entering
the oncoming, westbound lane at a high rate of speed.
34. Elder and Ottenhausen nevertheless continued their high-speed pursuit of the
Mercedes driven by Pryor, as it continued traveling eastbound on U.S. Route 30.
7
35. As the high-speed pursuit continued, the Mercedes approached the rear of another
more slowly moving motor vehicle which was also traveling eastbound on U.S. Route 30.
36. At that same approximate time, the Plaintiff’s Decedent, Bruce D. O’Neal, was driving
a 2006 Ford F-150 motor vehicle (hereafter “Ford F-150”) in a westerly direction upon U.S. Route
30 near its intersection with Megli Road in the County of Whiteside and State of Illinois.
37. At that same approximate time, the Plaintiff, Michele L. Riesselman, was riding as a
front seat passenger in the Ford F-150 then and there being driven by the Plaintiff’s Decedent,
Bruce D. O’Neal.
38. As the high-speed pursuit continued and the Mercedes approached the rear of the
more slowly moving motor vehicle which was also traveling eastbound on U.S. Route 30, the
Mercedes entered into the westbound lane of U.S. Route 30 in its driver’s apparent attempt to
overtake the more slowly-moving eastbound vehicle in front of it.
39. As the high-speed pursuit continued, the Mercedes operated by Pryor collided head-
on with the Ford F-150.
40. As a result of the collision, the Plaintiff’s Decedent, Bruce D. O’Neal, died and the
Plaintiff, Michele L. Riesselman, sustained serious injuries and required hospitalization. Pryor
later died because of injuries sustained by him in the crash.
41. Elder owed to the Plaintiff’s Decedent a duty of care and due regard for the safety of
all persons, including the Plaintiff’s Decedent, such that Elder was required to conduct himself
as a reasonably careful person would under circumstances similar to those that then existed.
42. Elder had a duty to refrain from negligent operation of a police vehicle in the exercise
of his official duties as a police officer.
43. Elder breached his duty of care to the Plaintiff’s Decedent and was then and there
guilty of the following negligent acts and/or omissions:
8
a. Drove a motor vehicle on a highway of this State at a speed which was greater
than was reasonable and proper with regard to traffic conditions and the use of
the highway, in violation of 625 ILCS 5/11-601(a);
b. Drove a vehicle on a highway of this State at a speed which endangered the safety
of any person or property, including that of the Plaintiff, in violation of 625 ILCS
5/11-601(a);
c. Commenced and then failed to terminate a vehicular pursuit when the necessity
of immediate apprehension did not outweigh the level of inherent danger created
by the pursuit;
d. Improperly engaged and persisted in a pursuit when the volume of traffic made it
unsafe to do so;
e. Pursued the suspect vehicle at unreasonable speeds and/or engaged in

unreasonable maneuvers which created an unwarranted danger to other vehicles
and persons traveling upon the roadway, including the Plaintiffs;
f. Failed to abandon the pursuit after the suspect vehicle disregarded several traffic
control devices and/or signs;
g. Failed to abandon the pursuit after the suspect vehicle, at high rates of speed,
passed several vehicles by utilizing the oncoming lane of travel;
h. Failed to abandon the pursuit considering the speeds involved, volume of traffic
and road conditions, the totality of which indicated that further pursuit would
seriously endanger other persons;
i. Violated City of Rock Falls Police Department rules, regulations and/or standards
applicable to vehicle pursuits; and/or
j. Violated law enforcement rules, regulations and/or standards applicable to

vehicle pursuits.
44. As a proximate result of the foregoing acts and omissions on the part of the Defendant,
Elder, the Plaintiff’s Decedent, Bruce D. O’Neal, suffered serious and permanent injuries that
resulted in his death on March 29, 2022.
45. Bruce D. O’Neal was survived by the following persons: Bryan D. O’Neal, his son,
and Jaime E. Carlson, his daughter.
9
46. By reason of the death of the Plaintiff’s Decedent, Bruce D. O’Neal, each and all of his
survivors and next of kin are and have been deprived of his companionship, society and valuable
services to which the Plaintiff’s Decedent, Bruce D. O’Neal, was accustomed to contributing and
would have continued to and perform for each and all of them, all to the damage of the surviving
next of kin.
47. This cause of action is brought within 1 year of the death of Plaintiff’s Decedent and
Plaintiff brings herewith Letters of Office issued by the Circuit Court of Whiteside County,
Illinois, as evidence of her right to sue.
48. This action is brought pursuant to 740 ILCS 180/1, which is commonly referred to as
the Wrongful Death Act.
Wherefore, the Plaintiff, Christina J. O’Neal, Successor Executor of the Estate of Bruce D.
O’Neal, demands judgment against the Defendant, Rollie A. Elder, in an amount in excess of
$50,000.00, plus costs of suit.
PLAINTIFF DEMANDS TRIAL BY TWELVE-MEMBER JURY.
COUNT 2
{Estate of Bruce D. O’Neal vs. City of Rock Falls}
Wrongful Death Act: Negligence: Vicarious Liability for the Defendant, Rollie A. Elder
Deceased, complains of the Defendant, City of Rock Falls, and alleges as follows:
10
State of Illinois.
11
Chicago, Illinois.
Mercedes.
police vehicle.
12
police vehicle.
Falls.
vehicle.
13
speed.
Bruce D. O’Neal.
14
overtake the more slowly moving eastbound vehicle in front of it.
41. Rock Falls, by and through its agent and employee, Elder, owed to the Plaintiff’s
Decedent a duty of care and due regard for the safety of all persons, including the Plaintiff’s
Decedent, such that Elder was required to conduct himself as a reasonably careful person would
under circumstances similar to those that then existed.
42. Rock Falls, by and through its agent and employee, Elder, had a duty to refrain from
negligent operation of a police vehicle in the exercise of his official duties as a police officer.
43. Rock Falls, by and through its agent and employee, Elder, breached its duty of care to
the Plaintiff’s Decedent and was then and there guilty of the following negligent acts and/or
omissions:
5/11-601(a);
by the pursuit;
15
unsafe to do so;


vehicle pursuits.
Rock Falls, by and through its agent and employee, Elder, the Plaintiff’s Decedent, Bruce D.
O’Neal, suffered serious and permanent injuries that resulted in his death on March 29, 2022.
next of kin.
16
O’Neal, demands judgment against the Defendant, City of Rock Falls, in an amount in excess of
COUNT 3
Wrongful Death Act: Willful and Wanton Conduct
State of Illinois.
17
Chicago, Illinois.
18
Mercedes.
police vehicle.
19
police vehicle.
Falls.
vehicle.
20
speed.
Bruce D. O’Neal.
21
41. Elder owed a duty to all persons, including the Plaintiff’s Decedent, to refrain from
willful and wanton conduct in the operation of an official police vehicle and in the exercise of his
official duties as a police officer.
42. As his high-speed pursuit of the Mercedes continued for miles, through several city
blocks, Elder observed that the driver of the Mercedes was traveling in a dangerous manner
precipitated by the pursuit itself. Among other observations, as Elder continued to pursue the
Mercedes, Elder saw the Mercedes careening at dangerous and high rates of speed through
several intersections, veering around other cars and persons and entering into opposing lanes of
travel on a busy highway.
43. Elder was aware of the danger caused by these circumstances, but consciously
disregarded the danger by persisting in the high-speed pursuit of the Mercedes.
44. Elder had a duty to refrain from willful and wanton conduct in the exercise of his
45. Elder breached his duty to refrain from willful and wanton conduct and was then and
there guilty of the following willful and wanton acts and/or omissions:
5/11-601(a);
by the pursuit;
22
unsafe to do so;


vehicle pursuits.
next of kin.
23
COUNT 4
Wrongful Death: Willful and Wanton Conduct: Vicarious Liability
for the Defendant, Rollie A. Elder
State of Illinois.
24
Chicago, Illinois.
25
Mercedes.
police vehicle.
26
police vehicle.
Falls.
vehicle.
27
speed.
Bruce D. O’Neal.
28
41. Rock Falls, by and through its agent and employee, Elder, owed a duty to all persons,
including the Plaintiff’s Decedent, to refrain from willful and wanton conduct in the operation of
an official police vehicle and in the exercise of his official duties as a police officer.
willful and wanton conduct in the exercise of his official duties as a police officer.
45. Rock Falls, by and through its agent and employee, Elder, breached its duty to refrain
from willful and wanton conduct and was then and there guilty of the following willful and
wanton acts and/or omissions:
5/11-601(a);
29
by the pursuit;
unsafe to do so;


vehicle pursuits.
next of kin.
30
COUNT 5
Survival Act: Negligence
State of Illinois.
31
Chicago, Illinois.
32
Mercedes.
police vehicle.
33
police vehicle.
Falls.
vehicle.
34
speed.
Bruce D. O’Neal.
35
41. Elder owed to the Plaintiff’s Decedent a duty of care and due regard for the safety of
all persons, including the Plaintiff’s Decedent, such that Elder was required to conduct himself
as a reasonably careful person would under circumstances similar to those that then existed.
43. Elder breached his duty of care to the Plaintiff’s Decedent and was then and there
guilty of the following negligent acts and/or omissions:
5/11-601(a);
by the pursuit;
unsafe to do so;

36

vehicle pursuits.
Elder, the Plaintiff’s Decedent, Bruce D. O’Neal, suffered serious injuries of a personal and
pecuniary nature including, but not limited to, conscious pain and suffering before his death on
March 29, 2022.
46. This action is brought pursuant to 755 ILCS 5/27-6, which is commonly referred to as
the Survival Act.
COUNT 6
Survival Act: Negligence: Vicarious Liability for the Defendant, Rollie A. Elder
37
State of Illinois.
38
Chicago, Illinois.
Mercedes.
police vehicle.
39
police vehicle.
Falls.
40
vehicle.
speed.
41
Bruce D. O’Neal.
41. Rock Falls, by and through its agent and employee, Elder, owed to the Plaintiff’s
Decedent a duty of care and due regard for the safety of all persons, including the Plaintiff’s
Decedent, such that Elder was required to conduct himself as a reasonably careful person would
under circumstances similar to those that then existed.
the Plaintiff’s Decedent and was then and there guilty of the following negligent acts and/or
omissions:
42
5/11-601(a);
by the pursuit;
unsafe to do so;


vehicle pursuits.
43
O’Neal, suffered serious injuries of a personal and pecuniary nature including, but not limited to,
conscious pain and suffering before his death on March 29, 2022.
the Survival Act.
COUNT 7
Survival Act: Willful and Wanton Conduct
State of Illinois.
44
Chicago, Illinois.
45
Mercedes.
police vehicle.
46
police vehicle.
Falls.
vehicle.
47
speed.
Bruce D. O’Neal.
48
41. Elder owed a duty to all persons, including the Plaintiff’s Decedent, to refrain from
willful and wanton conduct in the operation of an official police vehicle and in the exercise of his
5/11-601(a);
by the pursuit;
49
unsafe to do so;


vehicle pursuits.
Elder, the Plaintiff’s Decedent, Bruce D. O’Neal, suffered serious injuries of a personal and
March 29, 2022.
the Survival Act.
50
COUNT 8
Survival Act: Willful and Wanton Conduct: Vicarious Liability for the Defendant, Rollie A. Elder
State of Illinois.
51
Chicago, Illinois.
Mercedes.
52
police vehicle.
police vehicle.
Falls.
53
vehicle.
speed.
54
Bruce D. O’Neal.
including the Plaintiff’s Decedent, to refrain from willful and wanton conduct in the operation of
an official police vehicle and in the exercise of his official duties as a police officer.
55
5/11-601(a);
by the pursuit;
unsafe to do so;

56

vehicle pursuits.
O’Neal, suffered serious injuries of a personal and pecuniary nature including, but not limited to,
conscious pain and suffering before his death on March 29, 2022.
the Survival Act.
COUNT 9
{Estate of Bruce D. O’Neal vs. Mitchell R. Ottenhausen}
Wrongful Death Act: Negligence
Deceased, complains of the Defendant, Mitchell R. Ottenhausen, and alleges as follows:
57
State of Illinois.
58
Chicago, Illinois.
Mercedes.
police vehicle.
59
police vehicle.
Falls.
60
vehicle.
speed.
61
Bruce D. O’Neal.
41. Ottenhausen owed to the Plaintiff’s Decedent a duty of care and due regard for the
safety of all persons, including the Plaintiff’s Decedent, such that Ottenhausen was required to
conduct himself as a reasonably careful person would under circumstances similar to those that
then existed.
42. Ottenhausen had a duty to refrain from negligent operation of a police vehicle in the
exercise of his official duties as a police officer.
43. Ottenhausen breached his duty of care to the Plaintiff’s Decedent and was then and
there guilty of the following negligent acts and/or omissions:
62
5/11-601(a);
by the pursuit;
unsafe to do so;


vehicle pursuits.
Ottenhausen, the Plaintiff’s Decedent, Bruce D. O’Neal, suffered serious and permanent injuries
that resulted in his death on March 29, 2022.
63
next of kin.
O’Neal, demands judgment against the Defendant, Mitchell R. Ottenhausen, in an amount in
excess of $50,000.00, plus costs of suit.
COUNT 10
Wrongful Death Act: Negligence: Vicarious Liability for the Defendant, Mitchell R. Ottenhausen
64
State of Illinois.
65
Chicago, Illinois.
Mercedes.
police vehicle.
66
police vehicle.
Falls.
vehicle.
67
speed.
Bruce D. O’Neal.
68
41. Rock Falls, by and through its agent and employee, Ottenhausen, owed to the
Plaintiff’s Decedent a duty of care and due regard for the safety of all persons, including the
Plaintiff’s Decedent, such that Ottenhausen was required to conduct himself as a reasonably
careful person would under circumstances similar to those that then existed.
42. Rock Falls, by and through its agent and employee, Ottenhausen, had a duty to refrain
from negligent operation of a police vehicle in the exercise of his official duties as a police officer.
43. Rock Falls, by and through its agent and employee, Ottenhausen, breached its duty of
care to the Plaintiff’s Decedent and was then and there guilty of the following negligent acts
and/or omissions:
5/11-601(a);
by the pursuit;
69
unsafe to do so;


vehicle pursuits.
Rock Falls, by and through its agent and employee, Ottenhausen, the Plaintiff’s Decedent, Bruce
D. O’Neal, suffered serious and permanent injuries that resulted in his death on March 29, 2022.
next of kin.
70
COUNT 11
Wrongful Death Act: Willful and Wanton Conduct
State of Illinois.
71
Chicago, Illinois.
72
Mercedes.
police vehicle.
73
police vehicle.
Falls.
vehicle.
74
speed.
Bruce D. O’Neal.
75
41. Ottenhausen owed a duty to all persons, including the Plaintiff’s Decedent, to refrain
from willful and wanton conduct in the operation of an official police vehicle and in the exercise
blocks, Ottenhausen observed that the driver of the Mercedes was traveling in a dangerous
manner precipitated by the pursuit itself. Among other observations, as Ottenhausen continued
to pursue the Mercedes, Ottenhausen saw the Mercedes careening at dangerous and high rates
of speed through several intersections, veering around other cars and persons and entering into
opposing lanes of travel on a busy highway.
43. Ottenhausen was aware of the danger caused by these circumstances, but consciously
44. Ottenhausen had a duty to refrain from willful and wanton conduct in the exercise of
his official duties as a police officer.
45. Ottenhausen breached his duty to refrain from willful and wanton conduct and was
then and there guilty of the following willful and wanton acts and/or omissions:
5/11-601(a);
by the pursuit;
76
unsafe to do so;


vehicle pursuits.
next of kin.
77
COUNT 12
Wrongful Death: Willful and Wanton Conduct: Vicarious Liability for the Defendant,
78
State of Illinois.
79
Chicago, Illinois.
Mercedes.
police vehicle.
80
police vehicle.
Falls.
vehicle.
81
speed.
Bruce D. O’Neal.
82
41. Rock Falls, by and through its agent and employee, Ottenhausen, owed a duty to all
persons, including the Plaintiff’s Decedent, to refrain from willful and wanton conduct in the
operation of an official police vehicle and in the exercise of his official duties as a police officer.
from willful and wanton conduct in the exercise of his official duties as a police officer.
45. Rock Falls, by and through its agent and employee, Ottenhausen, breached its duty to
refrain from willful and wanton conduct and was then and there guilty of the following willful
and wanton acts and/or omissions:
83
5/11-601(a);
by the pursuit;
unsafe to do so;


vehicle pursuits.
84
next of kin.
COUNT 13
Survival Act: Negligence
85
State of Illinois.
86
Chicago, Illinois.
Mercedes.
police vehicle.
87
police vehicle.
Falls.
vehicle.
88
speed.
Bruce D. O’Neal.
89
41. Ottenhausen owed to the Plaintiff’s Decedent a duty of care and due regard for the
safety of all persons, including the Plaintiff’s Decedent, such that Ottenhausen was required to
conduct himself as a reasonably careful person would under circumstances similar to those that
then existed.
43. Ottenhausen breached his duty of care to the Plaintiff’s Decedent and was then and
there guilty of the following negligent acts and/or omissions:
5/11-601(a);
by the pursuit;
90
unsafe to do so;


vehicle pursuits.
Ottenhausen, the Plaintiff’s Decedent, Bruce D. O’Neal, suffered serious injuries of a personal and
March 29, 2022.
the Survival Act.
91
COUNT 14
Survival Act: Negligence: Vicarious Liability for the Defendant, Mitchell R. Ottenhausen
State of Illinois.
92
Chicago, Illinois.
Mercedes.
93
police vehicle.
police vehicle.
Falls.
94
vehicle.
speed.
95
Bruce D. O’Neal.
41. Rock Falls, by and through its agent and employee, Ottenhausen, owed to the
Plaintiff’s Decedent a duty of care and due regard for the safety of all persons, including the
Plaintiff’s Decedent, such that Ottenhausen was required to conduct himself as a reasonably
careful person would under circumstances similar to those that then existed.
96
care to the Plaintiff’s Decedent and was then and there guilty of the following negligent acts
and/or omissions:
5/11-601(a);
by the pursuit;
unsafe to do so;


vehicle pursuits.
97
D. O’Neal, suffered serious injuries of a personal and pecuniary nature including, but not limited
to, conscious pain and suffering before his death on March 29, 2022.
the Survival Act.
COUNT 15
Survival Act: Willful and Wanton Conduct
98
State of Illinois.
99
Chicago, Illinois.
Mercedes.
police vehicle.
100
police vehicle.
Falls.
vehicle.
101
speed.
Bruce D. O’Neal.
102
41. Ottenhausen owed a duty to all persons, including the Plaintiff’s Decedent, to refrain
from willful and wanton conduct in the operation of an official police vehicle and in the exercise
103
5/11-601(a);
by the pursuit;
unsafe to do so;


vehicle pursuits.
Ottenhausen, the Plaintiff’s Decedent, Bruce D. O’Neal, suffered serious injuries of a personal and
March 29, 2022.
104
the Survival Act.
COUNT 16
Survival Act: Willful and Wanton Conduct: Vicarious Liability for the Defendant,
State of Illinois.
105
Chicago, Illinois.
106
Mercedes.
police vehicle.
107
police vehicle.
Falls.
vehicle.
108
speed.
Bruce D. O’Neal.
109
persons, including the Plaintiff’s Decedent, to refrain from willful and wanton conduct in the
operation of an official police vehicle and in the exercise of his official duties as a police officer.
5/11-601(a);
110
by the pursuit;
unsafe to do so;


vehicle pursuits.
D. O’Neal, suffered serious injuries of a personal and pecuniary nature including, but not limited
to, conscious pain and suffering before his death on March 29, 2022.
the Survival Act.
111
COUNT 17
{Michele L. Riesselman vs. Rollie A. Elder}
Negligence
The Plaintiff, Michele. L. Riesselman, complains of the Defendant, Rollie A. Elder, and
alleges as follows:
State of Illinois.
112
Chicago, Illinois.
Mercedes.
113
police vehicle.
police vehicle.
Falls.
114
vehicle.
speed.
115
Bruce D. O’Neal.
116
41. Elder owed to the Plaintiff a duty of care and due regard for the safety of all persons,
including the Plaintiff, such that Elder was required to conduct himself as a reasonably careful
person would under circumstances similar to those that then existed.
43. Elder breached his duty of care to the Plaintiff and was then and there guilty of the
following negligent acts and/or omissions:
5/11-601(a);
by the pursuit;
unsafe to do so;

117
vehicle pursuits.
Elder, the Plaintiff, Michele L. Riesselman, sustained injuries to her person, including, but not
limited to, a spinal fracture, a subcutaneous contusion of the left chest wall and left pubertal
region, lacerations and injuries to the periorbital region of her left eye, and bruising to the knees,
left wrist, and hand areas.
45. Further, as a proximate result of the foregoing acts and omissions on the part of the
Defendant, Elder, the Plaintiff, Michele L. Riesselman, experienced and will in the future
experience pain and suffering, has become permanently impaired and injured, and has suffered
emotional stress and hospitalization. By reason of her injuries, the Plaintiff was and will in the
future be hindered and prevented from attending to her usual duties and affairs; she has been
compelled and will in the future be compelled to expend monies for the reasonable cost of
medical and health care expenses, all to the damage and detriment of the Plaintiff, Michele L.
Riesselman.
Wherefore, the Plaintiff, Michele L. Reisselman, demands judgment against the
Defendant, Rollie A. Elder, in an amount in excess of $50,000.00, plus costs of suit.
COUNT 18
{Michele L. Riesselman vs. City of Rock Falls}
Negligence: Vicarious Liability for the Defendant, Rollie A. Elder
The Plaintiff, Michele. L. Riesselman, complains of the Defendant, City of Rock Falls, and
alleges as follows:
118
State of Illinois.
119
Chicago, Illinois.
Mercedes.
police vehicle.
120
police vehicle.
Falls.
121
vehicle.
speed.
122
Bruce D. O’Neal.
41. Rock Falls, by and through its agent and employee, Elder, owed to the Plaintiff a duty
of care and due regard for the safety of all persons, including the Plaintiff, such that Elder was
required to conduct himself as a reasonably careful person would under circumstances similar to
those that then existed.
the Plaintiff and was then and there guilty of the following negligent acts and/or omissions:
123
5/11-601(a);
by the pursuit;
unsafe to do so;


vehicle pursuits.
Rock Falls, by and through its agent and employee, Elder, the Plaintiff, Michele L. Riesselman,
sustained injuries to her person, including, but not limited to, a spinal fracture, a subcutaneous
contusion of the left chest wall and left pubertal region, lacerations and injuries to the periorbital
region of her left eye, and bruising to the knees, left wrist, and hand areas.
124
Defendant, Rock Falls, by and through its agent and employee, Elder, the Plaintiff, Michele L.
Riesselman, experienced and will in the future experience pain and suffering, has become
permanently impaired and injured, and has suffered emotional stress and hospitalization. By
reason of her injuries, the Plaintiff was and will in the future be hindered and prevented from
attending to her usual duties and affairs; she has been compelled and will in the future be
compelled to expend monies for the reasonable cost of medical and health care expenses, all to
the damage and detriment of the Plaintiff, Michele L. Riesselman.
Defendant, City of Rock Falls, in an amount in excess of $50,000.00, plus costs of suit.
COUNT 19
{Michele L. Riesselman vs. Rollie A. Elder}
Willful and Wanton Conduct
The Plaintiff, Michele. L. Riesselman, complains of the Defendant, Rollie A. Elder, and
alleges as follows:
125
State of Illinois.
126
Chicago, Illinois.
Mercedes.
police vehicle.
127
police vehicle.
Falls.
vehicle.
128
speed.
Bruce D. O’Neal.
129
41. Elder owed a duty to all persons, including the Plaintiff, to refrain from willful and
wanton conduct in the operation of an official police vehicle and in the exercise of his official
duties as a police officer.
130
5/11-601(a);
by the pursuit;
unsafe to do so;


vehicle pursuits.
Elder, the Plaintiff, Michele L. Riesselman, sustained injuries to her person, including, but not
limited to, a spinal fracture, a subcutaneous contusion of the left chest wall and left pubertal
Defendant, Rollie A. Elder, the Plaintiff, Michele L. Riesselman, experienced and will in the future
131
Riesselman.
Defendant, Rollie A. Elder, in an amount in excess of $50,000.00, plus costs of suit.
COUNT 20
Willful and Wanton Conduct: Vicarious Liability for the Defendant, Rollie A. Elder
alleges as follows:
State of Illinois.
132
Chicago, Illinois.
133
Mercedes.
police vehicle.
134
police vehicle.
Falls.
vehicle.
135
speed.
Bruce D. O’Neal.
136
including the Plaintiff, to refrain from willful and wanton conduct in the operation of an official
police vehicle and in the exercise of his official duties as a police officer.
5/11-601(a);
137
by the pursuit;
unsafe to do so;


vehicle pursuits.
Rock Falls, by and through its agent and employee, Elder, the Plaintiff, Michele L. Riesselman,
sustained injuries to her person, including, but not limited to, a spinal fracture, a subcutaneous
contusion of the left chest wall and left pubertal region, lacerations and injuries to the periorbital
region of her left eye, and bruising to the knees, left wrist, and hand areas.
Defendant, Rock Falls, by and through its agent and employee, Elder, the Plaintiff, Michele L.
Riesselman, experienced and will in the future experience pain and suffering, has become
permanently impaired and injured, and has suffered emotional stress and hospitalization. By
reason of her injuries, the Plaintiff was and will in the future be hindered and prevented from
138
attending to her usual duties and affairs; she has been compelled and will in the future be
compelled to expend monies for the reasonable cost of medical and health care expenses, all to
the damage and detriment of the Plaintiff, Michele L. Riesselman.
COUNT 21
{Michele L. Riesselman vs. Mitchell R. Ottenhausen}
Negligence
The Plaintiff, Michele L. Riesselman, complains of the Defendant, Mitchell R.
Ottenhausen, and alleges as follows:
State of Illinois.
139
Chicago, Illinois.
Mercedes.
140
police vehicle.
police vehicle.
141
Falls.
vehicle.
speed.
142
Bruce D. O’Neal.
143
41. Ottenhausen owed to the Plaintiff a duty of care and due regard for the safety of all
persons, including the Plaintiff, such that Ottenhausen was required to conduct himself as a
reasonably careful person would under circumstances similar to those that then existed.
43. Ottenhausen breached his duty of care to the Plaintiff and was then and there guilty
of the following negligent acts and/or omissions:
5/11-601(a);
by the pursuit;
unsafe to do so;

144
vehicle pursuits.
Ottenhausen, the Plaintiff, Michele L. Riesselman, sustained injuries to her person, including, but
not limited to, a spinal fracture, a subcutaneous contusion of the left chest wall and left pubertal
Defendant, Ottenhausen, the Plaintiff, Michele L. Riesselman, experienced and will in the future
Riesselman.
Defendant, Mitchell R. Ottenhausen, in an amount in excess of $50,000.00, plus costs of suit.
COUNT 22
Negligence: Vicarious Liability for the Defendant, Mitchell R. Ottenhausen
alleges as follows:
145
State of Illinois.
146
Chicago, Illinois.
Mercedes.
police vehicle.
147
police vehicle.
Falls.
vehicle.
148
speed.
149
Bruce D. O’Neal.
41. Rock Falls, by and through its agent and employee, Ottenhausen, owed to the Plaintiff
a duty of care and due regard for the safety of all persons, including the Plaintiff, such that
Ottenhausen was required to conduct himself as a reasonably careful person would under
circumstances similar to those that then existed.
care to the Plaintiff and was then and there guilty of the following negligent acts and/or
omissions:
150
5/11-601(a);
by the pursuit;
unsafe to do so;


vehicle pursuits.
Rock Falls, by and through its agent and employee, Ottenhausen, the Plaintiff, Michele L.
Riesselman, sustained injuries to her person, including, but not limited to, a spinal fracture, a
subcutaneous contusion of the left chest wall and left pubertal region, lacerations and injuries to
the periorbital region of her left eye, and bruising to the knees, left wrist, and hand areas.
Defendant, Rock Falls, by and through its agent and employee, Ottenhausen, the Plaintiff,
Michele L. Riesselman, experienced and will in the future experience pain and suffering, has
151
become permanently impaired and injured, and has suffered emotional stress and
hospitalization. By reason of her injuries, the Plaintiff was and will in the future be hindered and
prevented from attending to her usual duties and affairs; she has been compelled and will in the
future be compelled to expend monies for the reasonable cost of medical and health care
expenses, all to the damage and detriment of the Plaintiff, Michele L. Riesselman.
COUNT 23
{Michele L. Riesselman vs. Mitchell R. Ottenhausen}
Willful and Wanton Conduct
The Plaintiff, Michele L. Riesselman, complains of the Defendant, Mitchell R.
Ottenhausen, and alleges as follows:
State of Illinois.
152
Chicago, Illinois.
153
Mercedes.
police vehicle.
154
police vehicle.
Falls.
vehicle.
155
speed.
Bruce D. O’Neal.
156
41. Ottenhausen owed a duty to all persons, including the Plaintiff, to refrain from willful
and wanton conduct in the operation of an official police vehicle and in the exercise of his official
duties as a police officer.
5/11-601(a);
by the pursuit;
157
unsafe to do so;


vehicle pursuits.
Ottenhausen, the Plaintiff, Michele L. Riesselman, sustained injuries to her person, including, but
not limited to, a spinal fracture, a subcutaneous contusion of the left chest wall and left pubertal
Defendant, Ottenhausen, the Plaintiff, Michele L. Riesselman, experienced and will in the future
158
Riesselman.
Defendant, Mitchell R. Ottenhausen, in an amount in excess of $50,000.00, plus costs of suit.
COUNT 24
Willful and Wanton Conduct: Vicarious Liability for the Defendant, Mitchell R. Ottenhausen
alleges as follows:
State of Illinois.
159
Chicago, Illinois.
Mercedes.
160
police vehicle.
police vehicle.
161
Falls.
vehicle.
speed.
162
Bruce D. O’Neal.
163
persons, including the Plaintiff, to refrain from willful and wanton conduct in the operation of an
official police vehicle and in the exercise of his official duties as a police officer.
5/11-601(a);
by the pursuit;
unsafe to do so;
164

vehicle pursuits.
Rock Falls, by and through its agent and employee, Ottenhausen, the Plaintiff, Michele L.
Riesselman, sustained injuries to her person, including, but not limited to, a spinal fracture, a
subcutaneous contusion of the left chest wall and left pubertal region, lacerations and injuries to
the periorbital region of her left eye, and bruising to the knees, left wrist, and hand areas.
Defendant, Rock Falls, by and through its agent and employee, Ottenhausen, the Plaintiff,
Michele L. Riesselman, experienced and will in the future experience pain and suffering, has
become permanently impaired and injured, and has suffered emotional stress and
hospitalization. By reason of her injuries, the Plaintiff was and will in the future be hindered and
prevented from attending to her usual duties and affairs; she has been compelled and will in the
future be compelled to expend monies for the reasonable cost of medical and health care
expenses, all to the damage and detriment of the Plaintiff, Michele L. Riesselman.
165
CHRISTINA J. O’NEAL, as Successor

Executor of the ESTATE of BRUCE D.
O’NEAL, Deceased, and MICHELE L.
RIESSELMAN, Plaintiffs,
By: /s/ James W. Mertes

MERTES & MERTES, P.C.
Mr. James W. Mertes, Esq.
Attorney for Plaintiffs

ARDC No. 6216546
Attorneys for Plaintiffs
4015 East Lincolnway, Suite D
Sterling, IL 61081
Telephone: 815.626.1500
E-mail: jmertes@mertesandmertes.com
Secondary e-mail: pleadings@mertesandmertes.com
166
EXHIBIT 1
IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT
WHITESIDE COUNTY, ILLINOIS
}
CHRISTINA J. O’NEAL, Successor }
FILED
Executor of the Estate of Bruce D. O’Neal, } Circuit Court Whiteside County
Deceased and MICHELE L. RIESSELMAN, } Date: 3/24/2023 7:46 AM
Sue Costello Circuit Clerk
Individually, }
}
Plaintiff, }
} 2023LA14
vs. } No. _____________
}
ROLLIE A. ELDER, MITCHELL R. }
OTTENHAUSEN and THE CITY OF ROCK }
FALLS, a municipal corporation, }
}
Defendants. }
}
PLAINTIFFS’ AFFIDAVIT OF DAMAGES SOUGHT

(>$50,000.00)
James W. Mertes, Attorney for the Plaintiffs, verifies that the total money damages sought
herein exceeds the amount of $50,000.00. Under penalties as provided by law pursuant to Section 1-
109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this
instrument are true and correct.
CHRISTINA J. O’NEAL, Successor Executor of the
Estate of Bruce D. O’Neal, deceased and MICHELE L.
RIESSELMAN, Individually, Plaintiffs,
By: /s/ James W. Mertes, Esq.

Mr. James W. Mertes, Esq. Attorneys for the Plaintiffs
ARDC No. 6216546
Attorneys for Plaintiffs
4015 East Lincolnway, Suite D
Sterling, IL 61081
Telephone: 815.626.1500
Email: jmertes@mertesandmertes.com
Secondary email: pleadings@mertesandmertes.com

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IN THE CIRCUIT COURT OF THE FOURTEENTH JUDICIAL CIRCUIT

COUNTY OF WHITESIDE, STATE OF ILLINOIS

Corporation, Rollie A. Elder and Mitchell R. Ottenhausen, and state as follows:

Count Page Parties Cause of Action

Estate of Bruce D. O’Neal v. Survival Act: Negligence/Vicarious

Estate of Bruce D. O’Neal v.

Michele L. Riesselman v. Negligence/Vicarious Liability

Michele L. Riesselman v. Willful Wanton Conduct/Vicarious

Deceased, complains of the Defendant, Rollie A. Elder, and alleges as follows:

person who resided in the State of Illinois.

Whiteside and State of Illinois.

resides in the State of Illinois.

6. The Defendant, Mitchell R. Ottenhausen (hereafter “Ottenhausen”), is an individual

adult person who resides in the State of Illinois.

capacity Elder was an employee, agent, and representative of Rock Falls.

separate and distinct from Rock Falls.

geographically separated by the Rock River that intercedes them.

wrong direction (eastbound) on a one-way westbound street in Sterling.

colliding with another vehicle just as he began to flee, resulting in no injuries.

an official police vehicle.

the encounter between Sterling police and the Mercedes.

traffic traveling into Rock Falls from Sterling on 12th Avenue.

and pulling away from Elder.

continuing to pursue the vehicle.

blocks through the City of Rock Falls, at a high rate of speed.

to be an official police vehicle.

the oncoming, westbound lane at a high rate of speed.

Mercedes driven by Pryor, as it continued traveling eastbound on U.S. Route 30.

overtake the more slowly-moving eastbound vehicle in front of it.

on with the Ford F-150.

later died because of injuries sustained by him in the crash.

of his official duties as a police officer.

guilty of the following negligent acts and/or omissions:

e. Pursued the suspect vehicle at unreasonable speeds and/or engaged in

j. Violated law enforcement rules, regulations and/or standards applicable to

resulted in his death on March 29, 2022.

and Jaime E. Carlson, his daughter.

Illinois, as evidence of her right to sue.

the Wrongful Death Act.

$50,000.00, plus costs of suit.

PLAINTIFF DEMANDS TRIAL BY TWELVE-MEMBER JURY.

person who resided in the State of Illinois.

Whiteside and State of Illinois.

resides in the State of Illinois.

6. The Defendant, Mitchell R. Ottenhausen (hereafter “Ottenhausen”), is an individual

adult person who resides in the State of Illinois.

capacity Elder was an employee, agent, and representative of Rock Falls.

separate and distinct from Rock Falls.

geographically separated by the Rock River that intercedes them.

wrong direction (eastbound) on a one-way westbound street in Sterling.

colliding with another vehicle just as he began to flee, resulting in no injuries.

an official police vehicle.

the encounter between Sterling police and the Mercedes.

traffic traveling into Rock Falls from Sterling on 12th Avenue.

and pulling away from Elder.

continuing to pursue the vehicle.

blocks through the City of Rock Falls, at a high rate of speed.

to be an official police vehicle.

the oncoming, westbound lane at a high rate of speed.

Mercedes driven by Pryor, as it continued traveling eastbound on U.S. Route 30.

overtake the more slowly moving eastbound vehicle in front of it.

on with the Ford F-150.

later died because of injuries sustained by him in the crash.

under circumstances similar to those that then existed.