Route 160 driver caused accident and injuries, suit claims

Kelly Holleran Aug. 19, 2009, 1:40pm

A man who says his left arm was fractured during an accident has filed suit against the driver who he says hit him.

Colten D. Shimer claims he was driving south on Illinois Route 160 approaching Silver Lake Road on Sept. 24, 2007, when Allyson A. McCardle, who was driving north on Illinois Route 160 and attempting to turn left onto Silver Lake Road, hit him.

Because of the accident, Shimer sustained a left ulna fracture requiring an open reduction and internal fixation with continuing pain and discomfort of his left arm and wrist and sustained sprains and strains of the soft and supportive tissues of his left hand, wrist and arm, according to the complaint filed Aug. 13 in Madison County Circuit Court.

In addition, he suffered abrasions to his left hand, sprains and strains to his left foot, impaired weight bearing properties and ranges of motion of his left foot, physical pain and mental anguish and incurred medical costs of more than $21,200, the suit states. His ability to work has been impaired, the complaint says.

McCardle negligently failed to keep a proper lookout on the road, failed to stop or swerve to avoid a collision and failed to yield the right-of-way to Shimer, he claims.

Shimer is seeking a judgment of more than $50,000, plus costs.

He is represented by John D. Warner Jr. of Gault and Warner in Clayton.

Madison County Circuit Court case number: 09-L-838.

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