Driver sued for taking off before passenger all the way out

Kelly Holleran May 5, 2009, 9:29am

A mother has filed suit on behalf of her minor daughter, alleging a driver injured her daughter as he pulled away while the girl was still halfway in the car.

Tracy Jenkins says her daughter, Megan Jenkins, was riding in a car with Nicholas R. McGraw on Dec. 30 at about 9:50 p.m.

McGraw was letting Megan Jenkins out of the vehicle on Route 15 at the intersection of Solution Drive in Freeburg, according to the complaint filed May 1 in St. Clair County Circuit Court.

However, before Megan Jenkins was fully out of the vehicle, McGraw began to drive away, the suit states.

Because of the incident, Megan Jenkins was made sick, sore, lame, disordered and disabled and suffered extensive injuries to her leg and ankle, her mother claims. She also incurred medical costs, suffered disability and experienced pain and suffering, the complaint says.

McGraw was negligent by failing to notify Megan Jenkins that he intended to drive off before she was fully out of the car and by failing to keep a proper lookout for her, according to the complaint.

Mary Ann McGraw, Nicholas McGraw's mother, is listed as a defendant in the suit because Nicholas McGraw is a minor.

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

John H. Hustava of Collinsville will be representing her.

St. Clair County Circuit Court case number: 09-L-222.

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