Passenger claims serious injuries in Stookey accident

Kelly Holleran Feb. 22, 2010, 2:11am

A man claims he sustained head, body and limb injuries after he says a driver swerved off the road and struck a tree.

Jason S. Phillips filed a lawsuit Feb. 16 in St. Clair County Circuit Court against David A. Kernan III.

Phillips claims he rode as a passenger in a vehicle Kernan drove south on Illinois Route 163 near its intersection with Eiler Road in Stookey Township on May 17 when Kernan drove the vehicle off the road, causing it to overturn and strike a tree.

In addition to his injuries, Phillips endured pain and suffering, incurred medical costs, lost wages, experienced a diminished earning capacity and has been prevented from attending to his usual duties and affairs, according to the complaint.

He blames Kernan for causing his injuries, saying Kernan negligently drove under the influence of alcohol at the time of the accident, disregarded the safety of his passengers, failed to keep his vehicle under proper control, drove too fast and in excess of the speed limit and failed to properly apply his brakes.

Phillips seeks a judgment of more than $50,000, plus costs and other relief the court deems just.

Jon R. Shelton of Shelton and Madrid in St. Louis will be representing him.

St. Clair County Circuit Court case number: 10-L-69.

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