Tree lands on car, case lands in court

Ann Knef Apr. 20, 2005, 10:03am

Jeffrey and Angela Fleming, who reside at 9937 Old Lincoln Trail in Fairview Heights, are named in the suit.

Former Swansea resident Heather Kirby says power company AmerenIP, the city of Fairview Heights, St. Clair County, property owners Jeffrey and Angela Fleming and Nelson Tree Service are responsible for the injuries she sustained when a tree fell on a car in which she was a passenger. She is suing them for at least $200,000.

According to the National Weather Service, area weather conditions were clear and dry on July 31, 2004, the date the accident happened near the intersection of Union Hill and Long Acre roads.

Represented by Jerry Crowder of Belleville, Heather Kirby's father, Stephen Kirby, filed suit on his daughter's behalf in St. Clair County Circuit Court April 14.

The defendants are alleged to be negligent and careless because they knew about the danger posed to passing motorists but "failed to inspect the tree and/or remove it from the location," according to the suit.

Kirby suffered head, skull, vertebrae, neck, rib and shoulder injuries and is seeking damages for medical expenses.

"The function of all of the said area and parts of the plaintiff's body has been and will in the future be greatly impaired and diminished, and that all of the plaintiff's injuries, effects and results thereof are permanent and progressive," the suit claims.

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