Passenger claims driver's view obstructed by icy windshield

Kelly Holleran Sep. 15, 2008, 6:37am

Dustin A. Payne has filed suit against Glenda Michael, alleging he was severely injured after the vehicle in which he was riding and another that Michael was driving collided.

Payne claims he was a front seat passenger in a vehicle that was traveling west on Alice Road at 8 a.m. on Jan. 3, according to a complaint filed Sept. 11.

He claims Michael was driving east on Alice Road with ice, snow and moisture on her windshield, blocking her view.

Michael was driving in two lanes and collided with the vehicle Payne was riding in, the suit states.

The collision caused Payne pain, suffering, and disability that may continue in the future, according to the complaint.

Payne also claims he was disfigured and has suffered a loss of enjoyment of life.

He has lost income and the injuries have diminished his employability, the suit states.

Michael was negligent because she failed to keep a proper lookout, drove her vehicle too fast for the weather conditions, failed to reduce her speed, failed to drive on the right side of the road, failed to drive in only one lane, drove with snow and ice on her windshield, failed to sound her horn and failed to remove the snow and ice from her windshield, according to the complaint.

Payne is seeking a judgment in excess of $50,000, plus the costs of the suit.

He is represented by Brian M. Wendler of Wendler Law in Edwardsville.

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