Driver blames change in roadway surface height in Swansea accident

Kelly Holleran Dec. 7, 2009, 2:40am

A woman claims she became sick, sore and lame after she drove into a construction area with no knowledge of a change in road surface height.

Ruth C. Kelso filed a lawsuit Dec. 2 in St. Clair County Circuit against Hank's Excavating and Landscaping.

Kelso claims she was driving on Old Caseyville Road in Swansea on Aug. 30 when her "car collided with the face of an abruptly changed roadway surface height on Old Caseyville Road, about 300 feet north of Huntwood Lane," the suit states.

Because of the incident, Kelso claims she suffered injuries, pain, disability and disfigurement; incurred medical costs; and experienced a diminished ability to enjoy life.

She blames Hank's for failing to warn drivers of a construction zone, for failing to close roads under construction, for failing to place warnings about the abrupt change in roadway height, for failing to warn drivers of the need to use a bypass ramp to avoid the abrupt change and for failing to completely seal and isolate the area from the public.

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

Jerald J. Bonifield of Bonifield and Rosenstengel in Belleville will be representing her.

St. Clair County Circuit Court case number: 09-L-640.

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