Avalanche driver threw car into reverse, causing injuries

Kelly Holleran Nov. 24, 2009, 3:57am

Two people say they were injured after a driver threw his car into reverse and caused a collision.

Anthony and Melinda Herbert filed a lawsuit Nov. 16 in St. Clair County Circuit Court against Leonard Vilas Wells.

The Herberts claim Wells drove a 2008 Chevrolet Avalanche south on Mud Creek Road on April 30 when he threw it into reverse, striking the 2005 Chevrolet Avalanche Anthony Herbert drove behind Wells. At the time of the collision, Melinda Herbert rode beside Anthony Herbert as a passenger.

Because of the collision, the Herberts sustained temporary and permanent injuries, experienced great pain and suffering and incurred large costs, according to the complaint.

The Herberts blame Wells for failing to maintain a proper lookout, for failing to keep his vehicle under proper control, for failing to apply the brakes on the vehicle when necessary in order to avoid an accident and backed the vehicle down the road when it was not safe to do so. In addition, Wells negligently backed the vehicle down the road too fast, failed to decrease his speed when a special hazard existed and failed to decrease his speed to avoid a collision, the suit states.

In the three-count suit, the Herberts are seeking an unspecified judgment, plus costs.

Sam C. Mitchell of Sam C. Mitchell and Associates will be representing them.

St. Clair County Circuit Court case number: 09-L-620.

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