Construction area not well marked, accident lawsuit claims

Kelly Holleran Apr. 26, 2010, 6:32am

A man claims he sustained injuries during a multi-car collision which occurred in a construction area not well marked.

Timothy Balota filed a lawsuit April 15 in St. Clair County Circuit Court against Lewis William Casey, Trans Am Trucking and Keeley and Sons.

Balota claims he drove south on Interstate 55/70 on May 20, 2008, at about 10 a.m. when he approached construction work being performed by Keeley and Sons.

"That at said time and place the Plaintiff, Timothy Balota, came upon stopped traffic and brought his motor vehicle to a stop behind a vehicle being operated by Casey Louise Hinton," the suit states. "That after the Plaintiff stopped his vehicle a vehicle being driven by Hussein S. Mohamed, who was operating a semi-tractor trailer, brought his vehicle to stop behind the Plaintiff. The Defendant, Lewis William Casey, as alleged here, he caused his motor vehicle to crash into the motor vehicle being driven by Hussein S. Mohamed, and caused Mohamed's vehicle to crash into the Plaintiff, Timothy Balota, which also caused Timothy Balota to crash into the motor vehicle being driven by Casey Louise Hinton."

Because of the collision, Balota suffered personal and pecuniary injuries, the complaint says.

He blames Casey, who drove a vehicle for Trans Am Trucking, for causing the accident, saying he failed to decrease his speed to avoid a collision, failed to exercise proper care for other vehicles on the road, drove too fast and failed to heed warning signs indicating he was approaching a construction zone.

He also places some of the blame on Keeley and Sons, saying the construction company failed to have a flag man present to direct and control traffic, failed to appropriately warn drivers of stopped traffic and failed to warn Casey that he should decrease his speed.

In his three-count complaint, Balota seeks a judgment of more than $150,000.

John Womick of the Womick Law Firm in Herrin will be representing him.

St. Clair County Circuit Court case number: 10-L-179.

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