Mother sues driver, appliance store for child's injuries in alley

Kelly Holleran Aug. 26, 2009, 2:00am

A mother has filed suit on behalf of her minor son, who she says was hit by a car as he was crossing an alley near an appliance store.

Terri Agney, mother of Zachary Agney, filed a lawsuit Aug. 20 in Madison County Circuit Court against Jennifer Martin and Raymond Agney, doing business as T-Berry's Appliance.

Terri Agney claims Zachary Agney was crossing an alley behind T-Berry's Appliance on July 3 when Jennifer Martin, who was driving a Pontiac Montana Minivan east in the alley, struck him.

Because of the accident, Zachary Agney sustained injuries to his head, skull, face, back, arms and legs, incurred medical costs and is likely to suffer disability throughout his life, according to the complaint. He also has permanent scarring and will remain disfigured, the complaint says.

Terri Agney says she, too, incurred medical costs because of the accident.

Martin negligently failed to keep a proper lookout, drove too fast, failed to exercise due care, failed to give audible warning of her approach and failed to yield to a pedestrian, the suit states.

Terri Agney included Raymond Agney as a defendant in the suit because she says he failed to keep his premises in a safe condition.

"On and before July 3, 2009, defendant piled appliances and other debris outside the rear of its building, including on or near the public roadway, thereby obstructing the view of passing motorists," the suit states. "In doing so, defendant, his agents and employees created a public nuisance."

In the four-count suit, Terri Agney is seeking a judgment of more than $150,000, plus costs.

She will be represented by Lanny Darr of Schrempf, Kelly, Napp and Darr in Alton.

Madison County Circuit Court case number: 09-L-870.

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