Head-on collision on Highway 40 is subject of suit

Kelly Holleran May 21, 2010, 4:50am

The father of two minors has filed suit against the driver who he says collided head-on with the vehicle in which he and his sons were riding.

Daniel Duff claims his son, at the time 15-year-old Tyler Duff, was driving west on US 40 with his father and brother as passengers on June 13, 2008, at about 5:34 p.m. when defendant, Tammy Bloebaum, who was driving east on US 40, veered into the westbound lane and struck the Duff vehicle head-on.

Because of the collision, Daniel Duff sustained injuries to his neck, back, shoulders, chest, wrist, ribs and left knee; lost income; and incurred medical costs, according to the complaint filed May 10 in Madison County Circuit Court. Tyler Duff sustained injuries to his left arm and wrist while his brother, Ashton Duff, endured injuries to his neck, head and face, the suit states. In addition, all three suffered great pain and mental anguish and have been unable to attend to their normal life duties, the complaint says.

They blame Bloebaum for causing the collision, saying she failed to keep a proper lookout, failed to see things that were visible, failed to keep her vehicle under control, failed to keep her vehicle on the right side of the road and failed to use every precaution to avoid a collision.

In his four-count complaint, Daniel Duff is seeking a judgment of more than $200,000, plus costs.

Keith Short and Noel L. Smith Jr. of Hazlett and Short in Shiloh will be representing him.

Madison County Circuit Court case number: 10-L-502.

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