Wagon flipped while riding on back of tractor, injured woman claims

Kelly Holleran Mar. 16, 2009, 10:45am

A woman has filed suit against a Pontoon Beach man, alleging she was injured at his home after a wagon in which she was riding flipped.

Crystal Stewart claims she was at Earnest Cook's home at 325 Osprey Drive in Mallard Mobile Home Park on June 15, 2007, when the incident occurred.

Stewart was a passenger in a wagon being pulled by a lawn tractor when the wagon flipped and Stewart was thrown from it, according to the complaint filed March 12 in Madison County Circuit Court.

At the time of the incident, Theresa Cook, a minor, was driving the lawn tractor, the suit states.

In the complaint, Stewart named Earnest Cook as a defendant both individually and on behalf of his minor daughter, Theresa Cook.

Because of the accident, Stewart claims she injured various muscles, ligaments, membranes, nerves, blood vessels and tissues and became sick, sore, lame and disordered.

She also suffered great pain, anguish and injuries to her right arm, incurred medical expenses and suffered internal derangement, according to the complaint.

Theresa Cook was negligent by failing to keep the vehicle under control, by failing to drive at a reasonable speed and by failing to not drive recklessly, the suit states.

Earnest Cook negligently allowed an unsafe driver to use his vehicle, Stewart alleges.

In the two-count complaint, Stewart is seeking a judgment in excess of $100,000, plus costs.

She is represented by Richard G. Reed and Jeanine R. Armstrong of Belleville.

Madison County Circuit Court case number: 09-L-0250.

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