Highway 162 accident trial opens Monday

Amelia Flood Aug. 17, 2010, 3:41am


A negligence suit brought by a couple who allege they were injured in a December 2004 accident on Highway 162 opened at trial Monday with jury selection.

Plaintiffs Virginia and Leo Malick are suing Joyce Miller for more than $50,000 in damages, claiming Miller failed to stop at a red light and hit their Buick, injuring them.

In their complaint, the Malick's claim that Miller did not stop at the red light at the intersection of Highway 162 and Highway 111.

The couple claims that Miller did not keep a look-out, exercise reasonable care or apply her brakes. Miller is also accused of speeding and failing to swerve to avoid hitting them.

The defendant filed a motion in limine Aug. 2 asking that the plaintiff not be allowed to mention her vehicle's insurance or insurance status at the time of the accident.

It also asked that the plaintiffs be barred from mentioning any possible settlement talks with Miller's insurer, any mention of her pre-accident driving record and other matters.

The Malicks are represented by Sam Mitchell of West Frankfort.

Miller is represented by Martin Morrissey of Edwardsville.

Madison County Circuit Judge Dennis Ruth presides.

The case is Madison case number 06-L-940.

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