Injuries claimed in Edwardsville bar parking lot

Kelly Holleran Dec. 7, 2009, 1:55am

A man has filed suit against the driver who he says struck him as he was standing in a parking lot.

Erick Abernathy claims he was outside of Gilliganz Bar and Grill, located at 7251 St. James Drive in Edwardsville on Oct. 6 at about 2:10 a.m. when defendant Nathan D. Yates, who was driving a 1992 Lincoln in the parking lot, struck him.

Because of the accident, Abernathy was made sick, sore, lame and disordered; suffered a loss of earning capacity; and experienced pain and suffering, according to the complaint filed Nov. 30 in Madison County Circuit Court. In addition, he incurred medical costs, lost wages and suffered disability and disfigurement, the suit states.

Yates negligently failed to reduce his speed to avoid striking Abernathy, drove too fast, failed to brake and failed to keep a proper lookout for pedestrians in the parking lot, the complaint says.

In the two-count complaint, Abernathy is seeking a judgment of more than $100,000, plus costs and other relief the court deems just.

He will be represented by Rodney D. Caffey of LakinChapman in Wood River.

Madison County Circuit Court case number: 09-L-1291.

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