Woman sues over Route 4 accident

Kelly Holleran Jan. 7, 2009, 4:32am

Marjorie DeNeal has filed a suit against two men, a woman and a trucking company, alleging she was seriously injured in a multi-vehicle accident.

DeNeal was driving north on State Route 4 in Madison County on June 19 when a tractor trailer being driven south by David Herschberger crossed the center line and collided with her, according to the complaint filed Jan. 5 in Madison County Circuit Court.

Herschberger was caused to cross the center line after Matthew Evans, who was driving a vehicle north on State Route 4, lost control of his vehicle and collided with Herschberger's tractor-trailer, the suit states.

At the time of the accident, Herschberger was driving a truck for Randy Mickelberry Trucking, Inc., and Matthew Evans was driving a vehicle lent to him by Marcia Evans, DeNeal claims.

Because of the collision, DeNeal suffered injuries to her face, neck, back, arms, legs, feet and body and experienced great pain and mental anguish, according to the complaint.

She also lost large amounts of money because of her inability to pursue her normal occupation, the suit states.

DeNeal claims Matthew Evans and Herschberger were negligent by failing to keep their vehicles under control, by driving too fast, by failing to keep a proper lookout, by failing to keep a proper distance between them and other cars, by failing to keep their vehicles in the proper lane, by failing to yield the right-of-way and by driving with a disregard for the safety of people in the area.

Both men also negligently failed to reduce their speed to avoid a collision and failed to keep their vehicles in one lane, according to the complaint.

Marcia Evans, who lent Matthew Evans her vehicle, was negligent by entrusting her vehicle to a person who lacked the proper skill and qualification to drive a vehicle, the suit states.

DeNeal claims Martha Evans and Randy Mickelberry Trucking were also negligent through Matthew Evans's and Herschberger's actions.

In the four-count suit, DeNeal is seeking a judgment in excess of $200,000, plus costs.

Mary Mansfield Brauer of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville will be representing her.

Madison County Circuit Court case number: 09-L-1.

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