Case management set in misconduct suit against Pontoon Beach

Amelia Flood Dec. 15, 2010, 1:37am


A case management conference is set Dec. 15 in a suit brought against Pontoon Beach over an intersection accident at which the plaintiff claims the village failed to maintain traffic lights.

Plaintiff Lindsey Davis is suing Pontoon Beach and James Autrey for damages in excess of $50,000 and costs.

The village has tried to have the suit dismissed and currently has a motion to dismiss the plaintiff's first amended complaint pending.

The case management conference is set for 9 a.m. before Madison County Circuit Judge William Mudge.

According to the first amended complaint, Lindsey Davis and Gregory Riddlespriger's cars collided at the intersection of Route 111 and Horseshoe Lake Road in Nameoki Township on April 22.

The plaintiff claims that the traffic lights on both roads were not working.

The suit contends that prior to the accident, Autrey, a police officer from Pontoon Beach, had been at the intersection and was controlling traffic there by using his vehicle's emergency lights to warn drivers about the lack of lights at the crossing.

However, by the time Davis had her accident, Autrey had left the intersection without leaving visible warnings about the lack of lights, she claims.

Davis also claims that Pontoon Beach willfully and wantonly left the intersection without warning lights and left it without having the state of Illinois secure the intersection with warnings.

As a result, Davis claims to have suffered injuries to her shoulder and other parts of her body.

Davis is suing Autrey for allegedly leaving the intersection without leaving warnings after he had taken control of the site prior to the
plaintiff's accident.

In its move to dismiss the first amended complaint, Pontoon Beach argues it did not own the intersection at issue and was not responsible for it.

It points to the plaintiff's own stated facts that the intersection is in Nameoki Township.

The village claims immunity under the Local Governmental Tort Immunity Act.

The village also argues that Davis' suit is barred by the Public Duty Rule.

John Hustava represents Davis.

Gerald Cook represents Pontoon Beach and Autrey.

Former Madison County Circuit Judge Daniel Stack previously oversaw the case.

The case is Madison case number 10-L-553.

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