Driver headed wrong way caused accident, suit says

Kelly Holleran Sep. 14, 2009, 3:54am

A woman says she sustained permanent and severe injuries after she was struck by a driver heading in the opposite direction on a Fairview Heights road.

Samantha Kessing filed a lawsuit Sept. 8 in St. Clair County Circuit Court against Russell F. Barthelemy.

Kessing claims she was driving east on Milburn School Road near Old Collinsville Road on Sept. 18, 2007, when Barthelemy, who was driving west, struck her.

In addition to her injuries, Kessing sustained bruises and contusions to her body, became sore and disordered and was permanently disabled, according to the complaint. She also claims to have suffered pain, incurred medical costs and lost wages.

She blames Barthelemy for failing to keep a proper lookout, for driving too fast, for driving without adequate brakes, for failing to have a vehicle equipped with a working horn, for failing to yield the right-of-way, for failing to keep his vehicle under control, for failing to stop or swerve to avoid a collision, for failing to yield in compliance with a stop or yield sign and for failing to give Kessing half of the road.

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

Chris Kolker of Kolker Law Offices will be representing Kessing.

St. Clair County Circuit Court case number: 09-L-474.

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