Pedestrian crossing tracks sues out of control driver

Kelly Holleran Dec. 14, 2009, 5:23am

A pedestrian claims a driver who was speeding across railroad tracks suddenly lost control of his vehicle, striking her.

Ann Rexroth filed a lawsuit in St. Clair County Circuit Court against James Wardwell.

Rexroth claims Wardwell sped across railroad tracks on Black Lane in Caseyville on July 4 when he lost control of his vehicle and struck her.

Because of the accident, Rexroth suffered injuries to her right leg that required surgery and skin grafts, sustained injuries to her shoulders and lower back and began experiencing severe headaches, according to the complaint. In addition, she suffered great physical pain and mental anguish and incurred medical costs, the suit states.

Rexroth blames Wardwell for driving too fast, for failing to keep a proper lookout, for failing to warn of his approach and for failing to yield the right-of-way.

Rexroth seeks a judgment of more than $50,000, plus costs.

Shaun Falvey of Brown and Crouppen in St. Louis will be representing her.

St. Clair County Circuit Court case number: 09-L-652.

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