Hogan Transport and driver sued over tractor trailer accident

Kelly Holleran Jan. 12, 2009, 7:40am

A Madison County woman and her husband have filed suit against Hogan Transports and one of its drivers, alleging the woman was seriously injured after a collision with a tractor trailer.

Sandra L. Schmidt was stopped at a traffic light in the westbound lanes of Highway 162 at its intersection with Liebler Road and the parking lot entrance for T/A Truck Stop when the incident occurred, according to the complaint filed Jan. 8 in Madison County Circuit Court.

Terry L. Kearns, who was driving a truck east on Highway 162 and attempting to make a left turn onto Liebler Road and into the entrance of the truck stop, collided with Schmidt's vehicle, the suit states.

Because of the accident, Schmidt incurred medical costs, experienced an impaired earning capacity and has been deprived of earnings from her usual employment, she claims.

Schmidt's injuries are so severe that she may require convalescent care in the future, according to the complaint.

In addition, she has been disfigured, the suit states.

Schmidt's husband, Charles O. Schmidt claims he has been deprived of Sandra Schmidt's support and services.

Schmidt claims Kearns was negligent by failing to keep a proper lookout, by driving in a reckless manner, by driving too fast, by proceeding into an intersection without first determining whether it was safe to do so, by failing to yield the right-of-way, by failing to sound his horn, by failing to slow down to avoid a collision, by failing to obey traffic laws and by entering the intersection while he knew traffic was present.

Kearns also negligently left the scene of a collision, according to the complaint.

Hogan Transports was negligent by failing to properly train its employees, by failing to properly monitor its employees, by failing to properly screen applicants in the hiring process to eliminate unqualified drivers, by failing to provide proper equipment to its employees, by failing to provide proper training to its employees, by failing to properly supervise its employees and by failing to properly determine whether its employees were capable of safely operating trucks, the suit states.

In the two-count suit, Schmidt and her husband are seeking a judgment in excess of $100,000, plus costs.

They are represented by Brian M. Wendler of Wendler Law in Edwardsville.

Madison County Circuit Court case number: 09-L-0010.

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