Highway pedestrian's estate files wrongful death suit against big rig driver

Steve Gonzalez May 15, 2007, 1:00pm

The estate of Christine Hathaway filed a wrongful death suit against Moyer Transportation and Karl Murphy in Madison County Circuit Court May 10, alleging Murphy was negligent in driving his tractor trailer.

According to the complaint, Hathaway was a pedestrian walking eastbound along U.S. Highway 40, near the Illinois Route 4 entrance ramp on May 12, 2005, when Murphy allegedly struck her with his big rig.

Hathaway's estate claims Murphy failed to maintain a proper lookout for pedestrians, failed to operate his vehicle in a safe manner, and failed to exercise due care to avoid hitting a pedestrian.

The estate claims Hathaway suffered a broken neck, broken ribs, broken vertebrae, brain hemorrhages and bruised lungs and other injuries that caused pain and suffering and medical expenses until her death five days later on May 17, 2005.

Represented by Donald Behle of Bloomington, the estate is seeking damages in excess of $200,000, plus costs.

The case has been assigned to Circuit Judge Daniel Stack.

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