Auto dealer blamed in suit for selling car to driver with revoked license

Kelly Holleran Mar. 3, 2011, 3:42am

Two Missouri residents claim they suffered multiple injuries after two allegedly intoxicated drivers caused a multi-car collision.

Joshua S. Ayres and Brandee J. Macko filed a lawsuit Feb. 15 in Madison County Circuit Court against Donald W. Canterbery, Tiffany O'Gara and Mastercars Company.

Ayres and Macko claim they rode in a 2003 Chevrolet Avalanche O'Gara drove north on Illinois Route 111 in Pontoon Beach on Feb. 21, 2009. At the same time, Lindsey Arnold-Zimmer drove a 2007 Hyundai Elantra south on the same road while Canterbery drove a 2006 Chevrolet Corvette behind her.

Suddenly, Canterbery, who was allegedly intoxicated at the time, struck Arnold-Zimmer's vehicle, propelling her into O'Gara's lane and causing O'Gara, who was also allegedly intoxicated, to strike her, according to the complaint.

Because of the collision, Ayres sustained injuries to his head, neck, shoulders, legs and hips while Macko sustained injuries to her head, neck, shoulders, legs, feet and ankles, the suit states.
Both plaintiffs became sick, sore, lame, disordered and disabled; incurred medical costs; experienced pain and suffering; lost their ability to lead a normal life; and lost wages, the complaint says.

The plaintiffs blame Canterbery for causing the collision, saying he negligently failed to keep a proper lookout, struck the rear of Arnold-Zimmer's vehicle, failed to properly apply his brakes, drove too fast and failed to decrease his speed. In addition, Canterbery negligently followed Arnold-Zimmer's vehicle too closely, drove without a valid driver's license and drove while under the influence of alcohol, according to the complaint.

The plaintiffs also name O'Gara as a defendant, saying she negligently failed to keep a proper lookout, failed to properly apply her brakes, drove too fast, failed to decrease her speed to avoid a collision and drove while under the influence of alcohol.

MasterCars Company, which sold the 2006 Chevrolet Corvette to Canterbery, also finds itself named as a defendant. When it sold the vehicle to Canterbery, MasterCars issued Canterbery a temporary permit, even though he could not produce a valid driver's license as it had been revoked due to a prior DUI, the suit states.

"Defendant, MasterCars Company, supplied a vehicle to Defendant, Donald W. Canterbery, when it knew, or had reason to know, that Defendant, Donald W. Canterbury, because of his prior driving under the influence offense, would use the vehicle in a manner involving unreasonable risk of physical harm to others," the complaint says.

In their six-count complaint, the plaintiffs seek a judgment of more
than $300,000.

Jonathan T. Nessler of Nessler and Associates in Springfield will be representing them.

Madison County Circuit Court case number: 11-L-149.

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