Jury finds for defendant in Highway 162 accident case

Amelia Flood Aug. 17, 2010, 11:46am


A Madison County jury hearing a personal injury case stemming from a 2006 Granite City car accident took 35 minutes on Tuesday to find for the defendant.

Plaintiffs Virginia and Leo Malick of Asheville, Ill. sued Granite City native Joyce Miller for injuries they claim to have suffered. They sought in excess of $50,000 in damages and costs.

The Malicks claimed Miller ran a red light at the intersection of Highways 111 and 162 in December 2004, hitting their Buick.

Virginia Malick claims to have injured her neck and shoulder and that her husband was injured and suffered other problems following the accident.

The case opened late Monday after jury selection with testimony in the plaintiff's case for damages.

Both Virginia Malick and Miller testified Tuesday.

The plaintiff described the pain she suffered following the accident while admitting that she did not go to the hospital as Miller advised.

"I was hurting," Virginia Malick said of her pain after the accident. "I've had pain up unto this very day."

She described her husband's loss of appetite and his loss of interest in both speech and activities.

According to Virginia Malick, Leo Malick was hospitalized several times following the accident for dehydration and other issues.

Sam Mitchell represented the Malicks.

The jury began deliberating at about 3:05 p.m. The verdict was returned at 3:40 p.m.

Miller was represented by Dominique Seymoure and Martin Morrissey.

Madison County Circuit Judge Dennis Ruth presided.

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

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