Smithton accident is subject of suit

Kelly Holleran Sep. 30, 2010, 1:28am

A man has filed suit against the driver who he claims failed to remain in her lane, striking him.

Kenny Schuhardt claims he was driving a 1999 Dodge Durango south on State Route 159 in Smithton when defendant Jessica Sewell, who was driving a 1992 Toyota Camry north on the same road, struck his vehicle.

Because of the accident, Schuhardt suffered disability and disfigurement and experienced pain and suffering, according to the complaint filed Sept. 20 in St. Clair County Circuit Court. In addition, he incurred medical costs, the suit states.

Jessica Sewell negligently failed to reduce her speed to avoid a collision, used the improper lane, traveled too fast, passed in a no-passing zone, drove to the left of center, failed to keep her vehicle under control and failed to use ordinary care, the complaint says.

In addition to Jessica Sewell, Schuhardt names Edward Sewell as a defendant, saying he owned the vehicle Jessica Sewell was driving when the collision occurred.

In his three-count complaint, Schuhardt is seeking a judgment of more than $150,000, plus costs.

Kevin Boyne of Belleville will be representing him.

St. Clair County Circuit Court case number: 10-L-486.

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