Car accident leads to suit against Fort Russell Township employee

Kelly Holleran Sep. 16, 2009, 2:48am

Two people have filed suit against a Fort Russell Township employee after they say he was responsible for colliding with the vehicle in which they were riding.

Ernest Mahanay claims he was driving north on Powdermill Road at its intersection with Illinois Route 40 on Sept. 3, 2008, at about 1:30 p.m. with Lou Mahanay riding as his passenger.

At the same time, defendant Gilbert Seagraves was driving a vehicle for Fort Russell Township and approaching the same area where the Mahanays were traveling when he attempted to pass them, but instead collided with them, according to the complaint filed Sept. 2 in Madison County Circuit Court.

Because of the collision, Ernest Mahanay suffered injuries to his back, left hip, right ankle, left knee and chin, the suit states.

Lou Mahanay suffered injuries to her left finger and bruises, the complaint says.

In addition, both Ernest and Lou Mahanay incurred medical expenses, experienced pain and suffering and sustained disability, the complaint says.

They blame Seagraves for failing to maintain control of his vehicle, for failing to maintain a proper lookout, for failing to yield the right-of-way, for driving too fast and for attempting to pass when conditions did not allow him to safely do so.

In the four-count suit, the Mahanays are seeking an unspecified judgment, plus costs.

Steven W. Selby of Smith, Mendenhall and Selby in Alton will be representing them.

Madison County Circuit Court case number: 09-L-944.

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