Highway 40 accident subject of suit

Kelly Holleran Dec. 15, 2008, 4:23am

A Madison County man has filed suit individually and on behalf of his minor son against a Madison County woman, alleging his son was injured in an accident.

Mark Rutz claims his son, Dustin Rutz, was a passenger in a Ford Escort his mom was driving east on U.S. 40 on Dec. 14, 2006, according to the complaint filed Dec. 9 in Madison County Circuit Court.

At the same time, Vickie Zeliff was driving her 2002 Dodge Durango on Illinois Route 4 and pulled onto U.S. 40, directly into the path of the vehicle in which Dustin was riding, the suit states.

"At said time and place, defendant's vehicle entered the intersection in front of plaintiff's vehicle causing plaintiff to come in contact with defendant's vehicle," the suit states.

Mark Rutz claims Dustin Rutz incurred medical expenses, experienced great pain and suffering and sustained a permanent disability and disfigurement.

In addition, Mark Rutz became responsible for certain medical expenses, according to the complaint.

Zeliff was negligent because she failed to yield the right-of-way to oncoming traffic, failed to obey a traffic control device, failed to decrease her speed to avoid a collision, failed to keep a proper lookout and failed to keep her vehicle under proper control, according to the complaint.

In the two-count suit, Mark Rutz is seeking a judgment in excess of $100,000, plus costs and attorney's fees.

Thomas E. Fagan of Wuestling and James in St. Louis will be representing him.

Madison County Circuit Court case number: 08-L-1156.

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