entities as additional party defendants in his lawsuit. On that same day, July 14, 2008, Brandon4 and
Jerry Forshall (the Forshalls) filed a second amendment of their complaint, which, similar to
Cellini’s second amended complaint, named the U-Haul entities as additional defendants. Likewise,
Diamond, individually and as special administrator of the estate of Corey Diamond, iled a second
amended complaint which named the U-Haul entities as additional defendants in that lawsuit.
On April 13, 2009, Cellini filed a third amended complaint against Lewis, Buffalo Grove,
Gurnee, Lincolnshire, Wheeling, and the U-Haul entities.5 On April 14, 2009, the Forshalls and
Diamond each filed a separate third amended complaint against the same defendants as those named
in Cellini’s third amended complaint. The third amended complaints were substantially similar to
the second amended complaints, except that the third amended complaints alleged negligence against
Wheeling (count V), rather than alleged that Wheeling committed “willful and wanton” acts or
omissions as stated in the second amended complaints.
On May 13, 2009, the U-Haul entities filed “counterclaims for contribution” against Lewis,
4Although Brandon Forshall was a minor at the time of the July 23, 2006 accident, he had reached the age of majority by the time of the filing of the second amended complaint.
5Count I alleged that Lewis’ willful and wanton conduct and omissions caused injury to Cellini. Count II alleged that Buffalo Grove’s willful and wanton acts and omissions caused injury to Cellini. Count III alleged that Gurnee’s willful and wanton acts and omissions caused injury to Cellini. Count IV alleged that Lincolnshire’s willful and wanton acts and omissions caused injury to Cellini. Count V alleged negligence against Wheeling for failing to maintain an “emergency vehicle preemption system (EVPS)” so as to allow traffic lights to remain green for emergency vehicles and to remain red for other intersecting traffic. Counts VI and VIII alleged liability against all defendants under the Family Expense Act. Count VII alleged negligence against the U-Haul entities in renting a truck to Lewis.