Nerve damage claimed in auto accident suit

Kelly Holleran Jan. 13, 2009, 8:34am

An Illinois family has filed suit against the estate of a deceased man, alleging they were injured after the man rear-ended them.

Kurt Hobbs was driving his Toyota Sequoia with his wife, Angela Hobbs, and his minor son, Matthew Hobbs, as passengers on Highway 203 on Jan. 10, 2007, when the incident occurred, according to the complaint filed Jan. 9 in St. Clair County Circuit Court.

The family was stopped at a stoplight at Highway 203's intersection with Mary Street when Golden Barton drove his Grand Marquis into the back of their vehicle, the suit states.

Because of the collision, Angela Hobbs claims she received permanent injuries, including nerve damage to her lower back and disability.

She also incurred medical bills, experienced disfigurement and a loss of enjoyment of life, according to the complaint.

Matthew Hobbs sustained injuries to his muscles and nerves, experienced pain and suffering, disability, loss of enjoyment of life, loss of wage earning capacity and he and his parents have incurred medical expenses, the suit states.

Kurt Hobbs claims he sustained injuries to his muscles and nerves and lost Angela Hobbs's care, comfort and consortium.

Barton was negligent by failing to keep a proper lookout and by failing to keep his vehicle under proper control, the suit states.

The Hobbs claim Barton died on May 30, 2007, but no estate was opened until after the Hobbs petitioned the court as to a creditor.

An estate for Barton was finally opened on Jan. 9, so the family has filed suit against the estate, according to the complaint.

In the three-count suit, they are seeking a judgment in excess of $50,000, plus costs.

Michael L. McGlynn of McGlynn and McGlynn in Belleville will be representing them.

St. Clair County Circuit Court case number: 09-L-0011.

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