Failure to yield causes Mascoutah accident, suit claims

Kelly Holleran Apr. 26, 2010, 6:51am

A man has filed suit against the driver who he claims failed to yield the right-of-way to him.

William Restoff claims he was driving north on North Jefferson Street at its intersection with Grand Prairie Drive in Mascoutah on Dec. 20, 2008, when defendant Duane S. Smith, who was driving west on Grand Prairie Drive, failed to stop and yield the right-of-way to Restoff and pulled in front of him, causing a collision.

Because of the accident, Restoff sustained injuries to his head, face, ears, neck, back, shoulders, arms, hands, legs, feet, ribs and body as a whole; was hindered and prevented from attending to his usual duties and affairs; lost large sums of money that would have accrued to him; and experienced great pain, suffering and anguish, according to the complaint filed April 20 in St. Clair County Circuit Court. In addition, he incurred medical costs, suffered great disability and lost his normal life, the suit states.

Smith negligently failed to keep a proper lookout for Restoff's vehicle, failed to observe Restoff's vehicle when it should have been observed to avoid a collision, drove too fast, failed to keep his vehicle under proper control, failed to apply his brakes, failed to decrease his speed to avoid a collision, failed to turn to avoid a collision, failed to give proper warnings, failed to stay in his lane of traffic and failed to stop his vehicle, the complaint says.

In his complaint, Restoff is seeking a judgment of more than $50,000, plus costs.

Scott Hassebrock of Mascoutah will be representing him.

St. Clair County Circuit Court case number: 10-L-186.

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