Injuries claimed as truck backs from driveway

Kelly Holleran Aug. 17, 2010, 9:58am

A man claims he received injuries to his head, neck, back, face and eye after a driver failed to yield the right-of-way to him as the driver backed out of a driveway.

Randy J. Decker filed a lawsuit Aug. 2 in Madison County Circuit Court against Johnny B. Osterman and East County Transport.

Decker claims he drove east on the 6400 block of Center Grove Road, about 300 feet west of Plum Street, in Edwardsville on July 6 at about 4:41 a.m. when Osterman, who drove for East County, attempted to back his 2005 Freightliner from a driveway and struck Decker.

In addition to his injuries, Decker incurred medical costs, suffered disability, experienced pain and suffering, lost wages and suffered an impaired earning capacity, according to the complaint.

Decker blames Osterman for causing the collision, saying Osterman negligently failed to keep a proper lookout, failed to properly apply his brakes and drove too fast. Osterman also negligently failed to yield the right-of-way, failed to stop when backing from a driveway, failed to properly back the vehicle and drove without adequate brakes, the complaint says.

In his two-count complaint, Decker seeks a judgment of more than $100,000, plus costs.

John H. Hustava of Collinsville will be representing him.

Madison County Circuit Court case number: 10-L-807.

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