Wal-Mart sued in St. Clair County auto accident

Kelly Holleran Apr. 10, 2009, 7:14am

A man is suing Wal-Mart and one of its employees over injuries he suffered after he says the employee hit him while he was stopped on the side of the road.

David L. Kamadulski, Jr. filed suit on April 6 in St. Clair County Circuit Court against Lincoln T. Cearlock and Wal-Mart.

Kamadulski says he was stopped in his 1997 Ford F250 pickup truck on the right-hand shoulder of the ramp from westbound Interstate 64 to northbound Interstate 255 when Cearlock, who was driving a 2006 Ford E35 van owned by Wal-Mart, struck him.

Because of the collision, Kamadulski says he was hindered and prevented from attending to his usual affairs and has lost wages. He also suffered anguish and incurred substantial medical costs, according to the complaint.

Cearlock failed to sound his horn, drove too fast, failed to keep the vehicle under control, failed to keep a proper lookout for other vehicles and failed to reduce his speed to avoid a collision, the suit states.

Because Cearlock was working for Wal-Mart at the time of the accident, the store is also liable, according to court documents.

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

Mark C. Scoggins, Clay B. St. Clair and Anthony P. Gilbreth of Crowder and Scoggins in Columbia will be representing him.

St. Clair County Circuit Court case number: 09-L-174.

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