Motorcyclist claims poorly maintained road caused crash

Steve Gonzalez Jan. 9, 2007, 12:06pm

A motorcyclist who claims he lost control of his bike due to loose gravel on the road filed a personal injury suit against Madison County claiming it failed to maintain the road in a reasonably safe condition.

Robert Caban claims that on July 20, 2006, the county caused to exist uncompacted, coarse, loose gravel, chip and tar on Staunton Road in Pin Oak Township and it created a condition that was not reasonably safe.

"Madison County had actual or constructive notice of the existence of the uncompacted, coarse, loose gravel, chip and tar on Staunton Road in reasonably adequate time prior to an injury to have taken measures to remedy or otherwise protect against the unsafe conditions," the complaint filed Jan. 5 states.

Caban claims that at around 9:30 p.m. he was traveling southbound on Staunton Road, between Fruit Road and State Route 143, when he lost control of his motorcycle causing him to sustain severe and traumatic injuries to his left arm, which required amputation.

He also claims he suffered injuries to his right arm, left leg and entire body.

Caban claims the county willfully and wantonly caused uncompacted, coarse, loose gravel, chip and tar to exist on Staunton Road, failed to provide a compacted or otherwise solid driving surface and failed to repair, replace or otherwise remedy a dangerous condition on Staunton Road.

Caban claims his injuries caused and will continue to cause pain in his body and mind, caused to spend money for medical care, the loss of wages as well as a loss of future earning capacity and has and will be prevented from attending to his usual affairs and duties.

Represented by Troy Walton of the Rex Carr law firm in East Sr. Louis, Caban is seeking damages in excess of $100,000, plus costs and other relief the court may deem just and proper.

The case has been assigned to Circuit Judge Nicholas Byron.

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