Fosterburg Road crash is subject of suit

Kelly Holleran Dec. 10, 2008, 10:57am

A Bethalto man and his daughter are being sued by driver who alleges he was injured after a collision.

Gilbert W. Manns was driving his 2000 Jeep Wrangler south on Fosterburg Road in Foster on Dec. 23, 2006, when Katie R. Brokaw, who was driving a 2004 Dodge Stratus R/T south on the same road, collided with Manns, according to the complaint filed Dec. 5 in Madison County Circuit Court.

Katie's father, Brian K. Brokaw, owned the vehicle she was driving, the suit states.

Because of the accident, Manns sustained severe and permanent injuries, suffered great pain and anguish and incurred substantial medical costs, the suit states.

Manns also claims he lost wages and his future earning capacity has been damaged.

Katie and Brian were negligent because Katie failed to keep a proper lookout, failed to reduce her speed to avoid a collision, failed to keep her vehicle under proper control and failed to see Manns when he was driving, according to the complaint.

In addition, Brian was negligent because he entrusted his 2004 Dodge Stratus to Katie knowing her lack of a driving record, entrusted the car to Katie knowing her lack of driving history and minor age and entrusted the car to Katie knowing she was an unlicensed driver, the suit states.

In the three-count suit, Manns is seeking a judgment in excess of $150,000, plus costs.

Patrick G. Johnston and Benjamin T. Stephens of Johnston Law Offices in Edwardsville will be representing him.

Madison County Circuit Court case number: 08-L-1146.

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