Driver, road contractor, auto maker sued in accident

Steve Gonzalez Nov. 18, 2004, 5:37am

Madison County resident Mary Ubaudi is seeking to recover at least $250,000 because of injuries she sustained in an auto accident last year.

Ubaudi, who was a passenger in a 2001 Mazda Miata driven by William Humphrey of DuPage County, filed suit against the driver, the auto maker and road construction contractor on Nov. 17 in Madison County Circuit Court.

She alleges Humphrey was driving too fast on northbound Interstate 55 in McClean County Sept. 17, 2003, when he lost control of his car. The vehicle overturned and Ubaudi was ejected, according to the complaint.

Because of past and future wage losses, past and future pain and suffering, medical expenses, loss of a normal life, and aggravation of a pre-existing condition, Ubaudi is seeking at least $50,000 from Humphrey.

Represented by J. Michael Weilmuenster of Belleville, Ubaudi sustained severe and life-threatening injuries to her head, neck, arms, legs and back.

She is also suing Rowe Construction of Tazewell County for at least $50,000. The company was under contract by the Illinois Department of Transportation to do road patching and resurfacing work. Rowe allegedly failed to provide proper and reasonably safe traffic control devices for road construction, failed to properly maintain the public highway in a safe and navigable condition during the road project and failed to provide guardrails or railings during the construction project.

Ubaudi also alleges that Rowe failed to adhere to the specifications of the construction project set forth by IDOT when it placed new soft gravel along the shoulder of the highway during the road construction project.

Mazda Motors, a foreign corporation doing business in Illinois, is is being sued for damages in excess of $150,000.

According to the complaint, the front passenger restraint system failed to restrain Ubaudi in the car, the restraint system failed to provide protection and manufacturer failed to provide instructions regarding the safe and proper use of a seatbelt.

The case has been assigned to Circuit Judge Philip Kardis in Granite City

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