Horse owner blamed in Route 159 accident

Kelly Holleran Jul. 17, 2009, 8:18am

A man who says he yanked his shoulder out of place when he swerved his vehicle to avoid hitting horses in the road has filed suit against the horses' owners.

Shaun Lievers filed a lawsuit July 13 against Lannie Yates and Alice Yates.

Lievers, who is a professional window installer, claims he had just gotten off work and was driving on Illinois Route 159 near its intersection with Moro Road on Dec. 3 at about 6:40 p.m.

He was following another vehicle when he noticed several large, dark figures in the road, which were horses the Yates owned, according to the complaint.

"The vehicle preceding the Plaintiff's vehicle struck one of the horses," the suit states. "The Plaintiff turned his vehicle sharply in order to avoid striking the horses. While attempting to avoid striking Defendant's horses, the Plaintiff injured his right shoulder, the injury includes, but is not limited to, a SLAP or full thickness tear of the right rotator cuff and right shoulder posterior labeal tear."

Throughout the evening of Dec. 3, Lievers developed arm pain that was so bad he had to tell his employer on Dec. 4 that he could not raise his right arm and that he was in extreme pain, the complaint says.

An exam on Dec. 5 revealed Lievers's injury. To treat the injury, Lievers claims he was forced to undergo surgery during which repairs were made and surgical devices were implanted to support the repair.
Because of his injury, Lievers lost income, incurred medical bills and related expenses, lost retirement contributions and suffered great pain and mental anguish, according to the complaint.

"He has suffered and continues to suffer pain when lifting, throbbing pain at the conclusion of a work day, weakness in the shoulder, and 'give-way' in the shoulder," the suit states.
In addition to his injuries, Lievers has been unable to attend to the normal activities of life, the complaint says.

Lievers blames the Yates for failing to secure the horses in an enclosure, for failing to ensure the horses were tethered and for failing to supervise their horses.

In the three-count suit, Lievers is seeking a judgment in excess of $225,000, plus attorneys' fees and costs.

Keith Short of Hazlett and Short in Shiloh will be representing him.

Madison County Circuit Court case number: 09-L-723.

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