Driver claims vehicle struck his during merge attempt

Kelly Holleran Nov. 12, 2009, 5:38am

A man is suing the driver who he says hit him when he attempted to merge into oncoming traffic.

Herbert Clarke was driving west on Highway 50 near its intersection with East Auto Court in O'Fallon on Sept. 30 when Vester Palmer, who was attempting to enter the highway, struck the side of Clarke's vehicle, according to the complaint filed Nov. 4 in St. Clair County Circuit Court.

Because of the accident, Clarke says he was made sick, sore, lame, disordered and disabled, received injuries to his neck and back and incurred medical costs. In addition, he suffered disability, experienced pain and suffering and lost money, the suit states.

Clarke blames Palmer for failing to keep a proper lookout, for driving in such a manner that she struck the side of Palmer's vehicle, for failing to properly apply her brakes, for driving too fast and for failing to yield the right-of-way to other vehicles.

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

Thomas C. Rich and Jennifer L. Barbieri of Fairview Heights will be representing him.

St. Clair County Circuit Court case number: 09-L-596.

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