New Athens man sues over Belleville auto accident

Kelly Holleran Dec. 24, 2008, 5:29am

A New Athens man has filed suit against a Belleville man, alleging his body, neck and back were injured after the Belleville man backed into his car.

Timothy L. Hensiek was driving south on North Fifth Street in Belleville when he stopped behind Christopher W. Bailey's car because of traffic, according to the complaint filed Dec. 19 in St. Clair County Circuit Court.

While stopped, Bailey "backed up at a high rate of speed and struck the Plaintiff's stopped vehicle," the suit states.

Because of the collision, in addition to his injuries, Hensiek claims he suffered great physical pain, mental anguish and loss of a normal life, lost earnings and incurred medical expenses.

His future earning capacity has been seriously diminished, according to the complaint.

Bailey was negligent by driving too fast, by operating his vehicle at a speed that endangered others, by backing up his vehicle when it was not safe, by operating his vehicle with a disregard for the safety of other people, by failing to immediately stop his vehicle at the scene of the accident and by failing to render aid to Hensiek, the suit states.

Bailey also negligently failed to provide immediate notice of his accident to the local police department, failed to maintain a proper lookout and failed to keep his vehicle under control, Hensiek claims.

Hensieck is seeking a judgment in excess of $50,000, plus costs.

Matthew J. Marlen of Belleville will be representing him.

St. Clair County Circuit Court case number: 08-L-649.

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