Man claims injuries in private road accident

Kelly Holleran Feb. 15, 2010, 5:00am

A man has filed suit against the driver who he says struck him while pulling out of a private drive.

Hozell Frizell claims he was driving east on West Elm Street near its intersection with a private drive and State Street on Feb. 28, 2008, at about 2:40 p.m. when defendant Nicholas W. Boelter struck him as he was driving north on a private drive.

According to the complaint filed Feb. 5 in Madison County Circuit Court, Frizell suffered injuries to his neck, back, head and shoulders; and incurred medical costs because of the accident. In addition, he experienced pain and suffering and sustained disability, the suit states.

Boelter negligently failed to keep a proper lookout, failed to decrease his speed to avoid a collision, drove too fast for the conditions, failed to maintain control of his vehicle and failed to yield the right-of-way, the complaint says.

Laura A. Cole of Smith, Mendenhall and Selby in Alton will be representing him.

Madison County Circuit Court case number: 10-L-125.

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