Over the legal limit plaintiff claims no responsibility for accident, amputation

Amelia Flood Nov. 18, 2009, 2:23pm


A motorcyclist plaintiff in a Madison County personal injury trial claims he bears no responsibility for an accident which required the amputation of his right foot.

Plaintiff Steven Kirk took the stand Wednesday in the second day of his case against a driver he claims caused him to lose his right foot.

According Kirk's medical records and testimony from the surgeon who performed his amputation, Kirk's blood alcohol level was over 1.8 when the accident took place. Illinois' legal limit is 0.8.

Jurors heard testimony in the plaintiff's case Tuesday, after being sworn in Tuesday morning.

Madison County Circuit Judge David Hylla is presiding.

Kirk claims defendant Enver Hamiti ran a stop sign in Alton in 2006 and hit his motorcycle.

His suit seeks damages in excess of $50,000 and costs.

Hamiti claims that Kirk contributed to the accident.

Under cross examination by defense attorney Mark Kurz, Kirk admitted that he did not remember the entire day of the accident.

According to his testimony and his answers to interrogatories, Kirk admitted to having "a couple beers," while he mowed the lawn on the day of the accident, at least one at a bar he'd left immediately prior to the accident and "a couple beers," while detailing his motorcycle.

Kirk agreed that he chose to get on the bike after leaving the bar. He denied, however, that he had any responsibility for the accident.

A plaintiff's expert testified earlier in the case that Kirk was riding above the 30 mile an hour speed limit posted at the accident site.

Kirk testified that he did not remember how fast he was riding.

The plaintiff's side continued with testimony from economist Dr. Leroy Grossman.

Kirk is represented by Amy Meyer and Chris Kolker.

The case is Madison case number 07-L-165.

More News