State Farm sues to recover damages in auto accident

Kelly Holleran May 4, 2009, 6:57am

State Farm Fire and Casualty Company says two St. Clair County people owe it more than $50,000 after causing injuries to one of its insured during a collision.

State Farm, as subrogee of Coretta Denise McCown, filed a lawsuit April 29 in St. Clair County Circuit Court against Kimberly Boone and Richard Mallard.

The insurance company says it was forced to pay McCown $53,295.05 after she was rear-ended by Boone on May 2, 2004 at about 3:10 p.m.

Directly before the collision, McCown was driving on Interstate 64 in Norfolk, Va., and Boone was driving a vehicle she and Mallard co-owned right behind McCown, according to the complaint.

"Defendant, Kimberly Boone, negligently struck Plaintiff's insured's motor vehicle in the rear at (sic) Plaintiff's insured was slowing for traffic, and as a direct and proximate result thereof, Defendant caused damage to the vehicle of Plaintiff's insured, as Plaintiff's insured hit a Jersey Wall due to the impact from Defendant's vehicle," the suit states.

Although State Farm says it has demanded money from Boone and Mallard, both have refused to pay the balance.

In addition to the money it says it is due, State Farm is seeking costs and other relief the court deems just.

Elaine Lechien of The Law Offices of LeChien and LeChien in Belleville will be representing it.

St. Clair County Circuit Court case number: 09-L-221.

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