Champaign accident is subject of Madison County suit

Kelly Holleran Nov. 5, 2009, 9:00am

A man has filed suit against the 18-year-old who he says struck the vehicle in which he was riding.

At the time of the collision, Frank Hoffman claims 18-year-old defendant Shane Asher was driving a 2007 Chrysler 300, which his mother and co-defendant Marion Asher had rented for him after he had been involved in another accident.

Hoffman claims he was riding in a 2000 Ford defendant Cory Luitjohan was driving south on Neil Street at its intersection with Windsor in Champaign on Oct. 17, 2008, at 4:02 p.m. when the incident occurred.

"That at the date and time herein alleged, Co-Defendant Shane Asher of 4913 State Route 160, Highland, Illinois, was driving a 2007 Chrysler 300, traveling northbound on Neil Street in the left-hand turn lane, when he entered the intersection with Windsor, striking the vehicle in which Plaintiff was a passenger in the City of Champaign, County of Champaign, State of Illinois," the suit filed Oct. 30 in Madison County Circuit Court.

Because of the accident, Hoffman sustained severe and permanent injuries to his chest, abdomen and leg, became sick, sore, lame and disordered and suffered great pain and anguish, the complaint says. In addition, he suffered internal derangement of the injured members of his body, incurred medical costs and was prevented from earning money, according to the complaint.

Hoffman blames Shane Asher and Luitjohan for failing to keep the vehicle under control, for failing to observe Hoffman's vehicle, for failing to drive at a reasonable speed, for failing to reduce his speed to avoid a collision, for failing to yield the right-of-way at an intersection and for failing to obey traffic control devices.

Marion Asher should never have rented a vehicle for Shane Asher, knowing he was an incompetent driver, according to the complaint.

"Defendant Marion Asher knew Co-Defendant Shane Asher had caused other automobile accidents and had prior road rage," the suit states. "Co-Defendant Shane Asher has a known history of driving automobiles in an unreasonably risky manner, and Defendant Marion Asher knew this."

In the three-count suit, Hoffman is seeking a judgment of more than $150,000, plus costs and other relief the court deems just.

Richard G. Reed of Reed and Bruhn in Belleville will be representing him.

Madison County Circuit Court case number: 09-L-1158.

More News