Caseyville accident is subject of suit

Kelly Holleran Oct. 29, 2010, 5:57am

A family has filed suit against the driver who they claim failed to stop at a red light and struck the vehicle in which they were riding.

Cheryl R. Sutherland claims she was driving a 2006 Chrysler Pacifica north on Sullivan Drive at its intersection with Frank Scott Parkway West in Caseyville on July 12, 2009, when defendant Richard B. Kapp, who was driving a 1997 Toyota Avalon west on Frank Scott Parkway West, ran a red light and caused a collision. At the time of the collision, co-plaintiffs Stephen Sutherland and Alyssa J. Kinzel were riding as passengers in the vehicle.

Because of the collision, Cheryl and Stephen Sutherland and Kinzel suffered serious and permanent injuries, experienced pain and emotional suffering, incurred medical costs and lost their normal life activities, according to the complaint filed Oct. 19 in St. Clair County Circuit Court.

In addition, Stephen Sutherland lost his wife, Cheryl's, consortium, love, guidance, companionship, support and services, the suit states.

The Sutherlands blame Kapp for causing the collision, saying he negligently failed to obey a traffic control device, failed to bring his vehicle to a stop at a red light at the intersection, drove too fast, failed to keep a proper lookout, failed to keep his vehicle under proper control and failed to yield to a vehicle with a preferential right-of-way.

In their six-count complaint, the Sutherlands are seeking a judgment of more than $300,000, plus costs.

John D. Simmons of Frederick and Hale in Urbana will be representing them.

St. Clair County Circuit Court case number: 10-L-548.

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