Pedestrian claims driver hit him while crossing street

Kelly Holleran Oct. 1, 2009, 12:19pm

A St. Clair County man has filed suit against the driver who he says hit him as he was attempting to cross the street.

William R. FitzGerald filed a lawsuit Sept. 18 in St. Clair County Circuit Court against Alicia M. Preston.

FitzGerald claims he was crossing the westbound road of Kingshighway in Washington Park on Jan. 6, 2008, at about 8 p.m. when Preston, who was driving a 2001 Pontiac Grand Am south on Kingshighway, struck him.

Because of the accident, FitzGerald was made sick, sore, lame and disordered, suffered severe pain and anguish and incurred medical expenses of more than $50,000, according to the complaint filed.

Preston negligently failed to keep a proper lookout, failed to exercise a reasonable awareness of her surroundings, failed to make proper use of instruments in her control to avoid an accident and failed to avoid an accident, the suit states.

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

Stephen R. Clark of Courtney, Clark and Associates in Belleville will be representing him.

St. Clair County Circuit Court case number: 09-L-495.

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