Negligent entrustment of motorcycle is subject of wrongful death complaint

Kelly Holleran Jul. 29, 2009, 5:40am

The mother of a deceased woman blames two men for her daughter's death, caused when her daughter crashed a motorcycle into a sound barrier.

Geneva Mack, mother and special administrator of Charmay Burnett's estate, filed a lawsuit July 24 in Madison County Circuit Court against Walter Burnett and Kenneth Burnett.

Mack says Walter Burnett and Kenneth Burnett allowed Charmay Burnett to borrow a 2006 Kawasaki Zx636 motorcycle on July 26, 2007, at about 7:35 p.m.

Charmay Burnett was driving the motorcycle on Muny Vista in Alton when she suddenly lost control, according to the complaint.

"Due to her inexperience plaintiff's decedent lost control of said motorcycle and ran into a sound barrier wall," the suit states. "Said negligent entrustment of the motorcycle to Walter Burnett who then allowed plaintiff's decedent to operate said motorcycle was a proximate cause of the death of plaintiff's decedent."

Because of Charmay Burnett's death, her next-of-kin have lost her society and incurred medical and funeral bills, the complaint says.

Mack blames Walter Burnett and Kenneth Burnett for entrusting Charmay Burnett with a motorcycle when they knew she was not properly trained.

In the two-count suit, Mack is seeking a judgment of more than $100,000, plus costs and other relief the court deems just.

Charles W. Chapman and Rodney D. Caffey of LakinChapman in Wood River will be representing her.

Madison County Circuit Court case number: 09-L-767.

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