Insurer sues driver to recover payout

Kelly Holleran Apr. 7, 2009, 9:00am

An insurance company has filed suit against a woman, alleging it was forced to pay more than $50,000 to one of its customers after the woman hit him.

State Farm says its insured customer, James D. Myers, was driving his 2006 Suzuki motorcycle north on Route 3 in St. Clair County on June 3, 2006, when Dianna Mast, who was driving a 1999 Chevrolet S-10 in the same direction, collided with Myers.

Because of the accident, State Farm was forced to pay Myers $56,817.62 for his personal injuries and damages to his property, according to the complaint filed April 2 in St. Clair County Circuit Court.

Mast was negligent by failing to keep a proper lookout, by failing to stop, by failing to slow her vehicle, by failing to adjust her speed to avoid a collision, by striking Myers' vehicle and by driving too fast for traffic conditions, the suit states.

She also failed to apply her brakes, failed to decrease her speed to avoid a collision, failed to keep her vehicle under control, failed to see Mast's vehicle, drove an uninsured vehicle, attempted to change lanes without ensuring that it was safe to do so and failed to yield the right-of-way, State Farm claims.

In addition to the amount it paid Myers, State Farm is seeking costs and other relief the court deems just.

It is represented by John E. Kerley of Kerley and Associates in Springfield.

St. Clair County Circuit Court case number: 09-L-0165.

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