Godfrey accident is subject of suit

Kelly Holleran Aug. 17, 2010, 9:55am

A man has filed suit against the driver who he claims failed to yield at a stop sign, striking his vehicle.

Christopher Kelley claims he was driving east on Tolle Lane at its intersection with Humbert Road in Godfrey when he attempted to make a left turn north onto Humbert on Nov. 1, 2008.

"That at the aforesaid time and place, the defendant, Robert Wear, while driving his vehicle southbound on Humbert Road, failed to stop at a posted stop sign and struck the vehicle driven by the plaintiff," the suit filed Aug. 2 in Madison County Circuit Court.

Because of the collision, Kelley sustained injuries to his neck, back, left shoulder and left upper extremity and experienced pain and suffering, according to the complaint. In addition, Kelley lost wages because of his inability to work, incurred medical costs and has been prevented from attending to his usual duties, the complaint says.

Kelley blames Wear for causing the collision, saying he failed to keep his eyes on the road, drove too fast, failed to stop at a traffic control device, failed to keep a proper lookout and failed to exercise proper control of his vehicle.

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

Allan L. Napp of Schrempf, Kelly, Napp and Darr in Alton will be representing him.

Madison County Circuit Court case number: 10-L-808.

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