Mother claims daughter struck while exiting church

Kelly Holleran Nov. 20, 2010, 4:00am

The mother of a minor girl has filed suit against the driver who she claims struck her daughter as she was exiting church.

Monica Miller claims her daughter, Deja S. Miller, was leaving church on Dec. 24, 2008, at about 7:30 p.m. from the north side of Lebanon Avenue and was attempting to cross the street to reach Monica Miller's home.

"Just prior to impact, Deja Miller had crossed the westbound lanes of Lebanon Avenue and was standing in the turn lane waiting for traffic to clear in order to cross the eastbound lanes of Lebanon Avenue," the complaint filed Nov. 4 in St. Clair County Circuit Court says.

Suddenly, defendant Cole A. Brown, who had a clear view of his lane, struck Deja Miller, causing her to sustain injuries to her head, neck, back and legs, according to the complaint. In addition, Deja Miller suffered disability and disfigurement; experienced great physical pain, mental anguish and loss of a normal life; and sustained a diminished future earning capacity, the suit states.
Monica Miller claims she incurred medical costs to treat her daughter.

Miller blames Brown for causing the impact, saying he negligently failed to yield to a pedestrian, failed to properly apply his brakes, failed to sound his horn, failed to keep a vigilant lookout for pedestrians knowing that children live in the area, failed to keep his vehicle under control and failed to exercise due care and proper caution.

In her two-count complaint, Monica Miller is seeking a judgment of more than $100,000, plus costs.

Matthew J. Marlen of Belleville will be representing her.

St. Clair County Circuit Court case number: 10-L-578.

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