Car accident victims sue driver and Schnucks

Kelly Holleran Jul. 16, 2009, 5:53am

Four plaintiffs in a Madison County lawsuit claim an allegedly intoxicated driver ran into them while they were attempting to cross an intersection in a vehicle.

Nikki L. O'Neill, Timothy P. O'Neill, Johnathan P. O'Neill and Lauren R. O'Neill claim they were riding in a car that was traveling south on Illinois Route 3 near its intersection with Olin Brass Mill on July 26, 2008, at about 9 p.m.

At the same time, James J. Pointer, who was driving north on Illinois Route 3, failed to yield and collided with the vehicle in which the O'Neills were riding, according to the complaint filed July 9 in Madison County Circuit Court.

Because of the accident, Nikki L. O'Neill injured her head, right arm, right knee and abdomen, the suit states.

In addition, Timothy P O'Neill received injuries to his back, right arm and right knee, the complaint says.

Johnathan P. O'Neill claims he received injuries to his neck.
Lauren R. O'Neill suffered injuries to her neck and head, according to the complaint.

All the plaintiffs incurred past and future medical expenses, lost wages and experienced pain, suffering and disability, the complaint says.

Pointer negligently failed to keep a proper lookout, failed to yield the right-of-way, failed to decrease his speed to avoid a collision, drove too fast for the conditions at the time, failed to maintain control of his vehicle and drove under the influence of alcohol, the plaintiffs allege.

Also named as a defendant is Schnucks, the dram shop that served Pointer the alcoholic beverages he consumed before he got into the accident, according to the complaint.

In the 12-count suit, the O'Neills are seeking an unspecified judgment, plus costs.

They are represented by Steven W. Selby of Smith, Mendenhall and Selby in Alton.

Madison County Circuit Court case number: 09-L-713.

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