Man claims permanent disability in Poplar Street Bridge accident

Kelly Holleran Oct. 7, 2009, 8:13am

A man claims he was permanently disabled after the driver of a car in which he was riding struck a stalled vehicle, causing the driver's vehicle to flip on its left side.

Michael Mittrucker filed a lawsuit Sept. 29 in St. Clair County Circuit Court against Josh Phillips.

Mittrucker claims he was riding in a 2001 Toyota 4Runner Phillips was driving east on Interstate 55/64/70 on the Poplar Street Bridge on Dec. 21, 2008, at about 4:18 a.m. when Phillips crashed into a vehicle stalled on the Poplar Street Bridge.

"At said time and place, defendant's vehicle, in which plaintiff was a passenger, struck the stalled vehicle, pushing the stalled vehicle up on the concrete bridge wall, and causing defendant's vehicle to overturn on its left side," the suit states.

Because of the accident, Mittrucker lost wages, incurred medical costs, experienced great pain and suffering and incurred a permanent disability, the complaint says.

Mittrucker blames Phillips for failing to yield the right-of-way to oncoming traffic, for failing to obey a traffic control device, for failing to decrease his speed to avoid a collision, for failing to keep a proper lookout and for failing to keep his vehicle under control.

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

Thomas E. Fagan of Wuestling and James in St. Louis will be representing him.

St. Clair County Circuit Court case number: 09-L-517.

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