Man, insurer seek damages from Madison County Transit

Ann Knef Dec. 15, 2010, 7:49am


A man and his homeowner insurer are seeking damages from Madison County Mass Transit and a bus driver after the driver collided with the man's Collinsville home.

Auto Owners Insurance Company and Dale Willeford filed a lawsuit on Dec. 10 in Madison County Circuit Court against Madison County Mass Transit and Daniel Floyd Sr.

Willeford, in the meantime, has another suit pending against MCMT.

Willeford says Floyd was operating a bus as en employee of MCMT on Dec. 12, 2009 near Willeford's home at 926 St. Louis Road in Collinsville. Willeford says Floyd's bus left the road and crashed into the side of his house causing extensive damage to the outside structure and inside property.

The home owner's policy issuer, Auto Owner Insurance Company, paid a claim to Willeford in excess of $53,000 for the damage. In the judgment, the insurance company seeks to recover the amount of the claim from MCMT.

Auto Owners and Willeford claim that Floyd operated the bus under impaired conditions, failed to stop the bus despite warnings from passengers and fell asleep at the wheel. They also blame Floyd for failing to keep a proper lookout, driving at an unreasonable speed, not operating in the proper lane and failing to perform his duties so as to protect the public.

The complaint blames MCMT for allowing a driver to operate a bus while impaired, failing to monitor conditions of its drivers and not protecting the public throughits actions.

Willeford says his home was severly damaged and rendered uninhabitable by the crash. He also says articles of personal property were destroyed in the collision.

In their complaint, Willeford and Auto Owners Insurance Company seek damages of more than $53,000 plus costs against Floyd and MCMT.

Julie Line Bailey of Gibson & Sharps is representing the plaintiffs.

Madison County Circuit Court case number: 10-L-1238.

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