Motorcylist claims tractor driver pulled out during attempted pass

Kelly Holleran Jan. 7, 2010, 5:28am

A man and his wife have filed suit against the tractor driver who they say pulled in front of them as they attempted to pass him on their motorcycle.

Jason W. and Kimberly A. Brewer claim Jason W. Brewer was driving a Big Dog Ridgeback motorcycle south on Illinois Route 159 in Madison County on Nov. 8 while Kimberly A. Brewer rode as a passenger. At the same time, defendant Charles H. Kassing was driving a 78 John Deere 2240 tractor south on the same road and traveling well under the posted speed limit, according to the complaint filed Dec. 28 in Madison County Circuit Court.

"That at the aforesaid time and place, the plaintiff attempted to pass the tractor by lawfully moving into the left lane when defendant illegally pulled in front of plaintiff's motorcycle," the suit states.

Because of the incident, Jason W. Brewer suffered injuries to his elbow, knee, leg, foot and body, the complaint says.

Kimberly A. Brewer claims she sustained injuries to her leg, foot, wrist, head and body.

Both the Brewers claim they incurred medical costs, have been prevented from attending to their normal duties and have lost each other's services, society, companionship and consortium, the suit states.

Kassing negligently failed to keep a proper lookout, failed to exercise proper control, failed to brake, failed to signal his intent to make a left turn, failed to have blinkers on his vehicle and failed to recognize vehicles were lawfully attempting to pass him in the left lane, according to the complaint.

In the four-count suit, the Brewers are seeking a judgment of more than $200,000, plus costs.

Lanny Darr of Schrempf, Kelly, Napp and Darr in Alton will be representing them.

Madison County Circuit Court case number: 09-L-1400.

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