Route 159 accident victims claim driver was intoxicated

Kelly Holleran Jun. 9, 2009, 6:19am

A Madison County woman and her minor daughter say they were injured after the owner of a car allowed an intoxicated man to drive it.

Kellie Steward and Jamie Steward filed a lawsuit June 4 in Madison County Circuit Court against Byron Daggett and Dawn Werner.

Kellie Steward says she was stopped on Illinois State Route 159 on Oct. 22, 2007, while waiting for the car in front of her to turn. Her daughter, Jamie Steward, was riding in the car as a passenger.
At the same time, Daggett was driving a 2005 Toyota Rav-4 behind Kellie Steward when he failed to stop and rammed into the rear of her vehicle, according to the complaint.

Because of the collision, Kellie Steward sustained neck and back injuries.

Jamie Steward says she sustained head, neck and back injuries.
Both were made sick, sore, lame and nervous and suffered great bodily and mental pain and anguish, the complaint says. In addition, they were permanently disabled and incurred medical costs, the suit states.

Daggett was negligent by failing to maintain a proper lookout, by failing to keep his vehicle under proper control and by failing to stop when approaching Kellie Steward's vehicle, she says.

"Defendants were consuming alcohol and/or drugs prior to the accident and were intoxicated and Defendant Dawn Werner gave Defendant Byron Daggett possession and control of the vehicle even though she knew that he was intoxicated and presented a grave risk to the monitoring public," the suit states.

In the four-count suit, the Stewards are seeking a judgment in excess of $200,000, plus costs and other relief the court deems just.

Brian R. Kalb of Byron, Gerber, Petri and Kalb in Edwardsville will be representing them.

Madison County Circuit Court case number: 09-L-565.

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