Suit against Keller, Plocher claim companies left rock and dirt on road

Kelly Holleran May 4, 2010, 10:17am

A man has filed suit against the construction companies that he says left dirt and rocks on a highway, causing him to collide with another vehicle.

Gary Bollman claims he was driving northeast on West Union in Edwardsville on Jan. 20 when he encountered dirt, mud and construction debris a construction truck spilled on the road. According to the complaint filed April 21 in Madison County Circuit, the truck was carrying dirt for the Madison County Transit bike path project.

"The automobile which plaintiff was operating struck and violently collided with another vehicle," the suit states.

Because of the incident, Bollman sustained severe and permanent injuries; experienced pain, suffering and mental anguish; incurred medical costs; may have an impaired earning capacity; suffered property damage; and lost the use of his vehicle, the complaint says. In addition, he claims he lost income.

In addition, Carol Bollman, Gary Bollman's wife, has been deprived of her husband's support and services, according to the complaint.

Bollman blames defendants Keller Construction and Plocher Construction Company, who monitored the construction project and supervised the trucks bringing dirt to the bike path, for failing to remove dirt from the road, for dropping dirt onto a road, for failing to properly supervise or monitor the construction, for hiring drivers who were not competent to perform their assigned duties, for failing to warn him of slippery road conditions and for violating the terms of the construction project.

In their two-count suit, the Bollmans are seeking a judgment of more than $100,000, plus costs.

Brian M. Wendler of Wendler Law in Edwardsville will be representing them.

Madison County Circuit Court case number: 10-L-440.

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