Defendant: Plaintiff's injuries not as severe as suit alleges

Steve Gonzalez Oct. 7, 2008, 9:11am

Laidlaw Transit and its employee claim the plaintiff in a personal injury auto accident suit was not injured to the extent he claimed in his suit.

Represented by Gregory Dioneda of St. Louis, Laidlaw also claims the proximate cause to any injury Allan Cook sustained were the conduct of other parties.

Laidlaw filed their answer on Oct. 1.

Cook filed suit on Sept. 8, in Madison County Circuit Court, alleging he was a passenger in Kelly Kinder's car on April 14., and was injured after Kinder collided with another driven by Jeanne Maggio and owned by Laidlaw.

Cook also names Kinder as a defendant in the suit, alleging she was negligent because she failed to reduce the speed of her vehicle to avoid a collision with the vehicle Maggio was driving.

According to Cook, Kinder was driving south on South Moreland Road near its intersection with Rock Hill Road near Bethalto and that Maggio was driving west on Rock Hill Road near the same intersection.

He claims Maggio failed to stop at a stop sign in the intersection.

Cook claims the collision caused him to sustain serious injuries which caused and continue to cause medical expenses, great pain and anguish and lost wages.

But, Laidlaw also claims Cook is barred from recovering damages because his own contributory fault and failure to exercise due care for his own safety is more than fifth percent of the proximate cause of the injury for which recovery is sought.

Laidlaw also argues Cook failed to state a claim upon which relief can be granted.

Kinder has not yet answered the complaint.

Cook is seeking at least $100,000 in damages. He is represented by David Dugan of East Alton.

Circuit Judge Barbara Crowder has not yet set a hearing in the case.

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