The mother of a minor girl says a driver should not have taken Flonase before embarking on a journey, saying the medicine affected his vision, leading to a collision that left both mother and daughter with injuries.
Mareann Cottton filed a lawsuit Oct. 1 in St. Clair County Circuit Court against Eric P. Johnson and Mary Mosley.
Cotton claims she and her daughter, identified only as B.L., rode in a 2000 Dodge Grand Caravan Mosley drove south in the 2600 block of North Illinois Street in Swansea on Oct. 7, 2008, at about 11:28 a.m. when the accident occurred.
At the same time, Johnson drove a 2009 Dodge Journey north on the same road at about 40 miles per hour, according to the complaint.
"That at said time, the surface conditions of the above section of North Illinois Street (Rt. 159) were wet from sporadic precipitation that day," the suit states. "That at said time and place, Defendant Mosley entered the center turn lane driving northbound and southbound lanes of North Illinois Street and collided with the 2009 Dodge Journey driven by Defendant Johnson."
Because of the accident, Cotton suffered traumatic head, neck, back, left leg and right leg injuries and incurred scarring and disability, the complaint says. In addition, she claims she lost wages, incurred medical costs and endured pain and suffering.
Meanwhile, Cotton's daughter sustained injuries to her head and left leg, incurred scarring and disability, incurred medical costs and endured pain and suffering, according to the complaint.
Cotton blames Johnson for causing the collision, saying he failed to keep a proper lookout; failed to keep control of his vehicle; drove too fast; failed to sound his horn or take evasive action; and drove while taking Flonase, which affected his vision.
She also says Mosley is partially to blame for the accident, alleging Mosley negligently failed to yield the right-of-way, failed to maintain a proper lookout, failed to keep her vehicle under proper control, drove too fast, allowed her vehicle to cross the center line and failed to sound her horn.
In her four-count complaint, Cotton seeks a judgment of more than $200,000, plus other relief the court deems just.
S. Martin Jansky of Martin Jansky Law Firm in St. Louis will be representing her.
St. Clair County Circuit Court case number: 10-L-515.