Passenger sues driver over Route 203 accident

Kelly Holleran Feb. 9, 2009, 5:54am

A Madison County man has filed suit against a St. Clair County woman, alleging he was injured after a collision.

Edwinne Garrett was riding in a car driven by Tammy Franklin on Feb. 7, 2007, when the collision occurred as Franklin was attempting to make a left turn from the north bound lane of Illinois Route 203 to the west bound lane of Third Street, according to the complaint filed Feb. 3 in St. Clair County Circuit Court.

At the same time Franklin was making the turn, Kathleen Bargiel, who was driving south on Illinois Route 203, violently struck the vehicle in which Garrett was riding, the suit states.

Because of the collision, Garrett claims he suffered permanent injuries to his neck, back, head and spine and will be prevented from attending to his usual duties and affairs.

He also lost large sums of money that would have accrued to him, suffered great physical and mental pain and anguish and incurred substantial medical expenses, according to the complaint.

Bargiel was negligent by failing to keep a proper lookout, by failing to observe the vehicle in which Garrett was riding, by failing to keep her vehicle under control, by failing to apply her brakes, by failing to decrease her speed to avoid a collision, by failing to turn and change the direction of her vehicle to avoid hitting Garrett and by failing to give proper warning that she was approaching, the suit states.

Garrett claims Bargiel also negligently drove too close to the vehicle in which Garrett was a passenger.

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

He is represented by Michael P. Hickey of Brown and Brown in Fairview Heights.

St. Clair County Circuit Court case number: 09-L-0059.

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