US 40 accident is subject of Madison County suit

Kelly Holleran Mar. 10, 2011, 12:00pm

A Highland man has filed suit against the driver who he claims struck the side of his vehicle, causing him to be trapped inside.

Gary Wiess claims he was driving on U.S. 40 near its intersection with Mater Drive on March 10, 2009, when defendant Gary Scott suddenly struck the side of his vehicle.

Because of the collision, Wiess was trapped in his vehicle and had
to be cut out, according to the complaint filed March 3 in Madison County Circuit Court. In addition, Wiess suffered back, neck, shoulder, elbow, hand, head and eye injuries; incurred medical costs; and suffered pain and mental anguish, the suit states.

Scott negligently drove on the opposite side of traffic, failed to
keep a proper lookout, failed to stop or yield to Wiess' vehicle, drove too fast, failed to keep his vehicle under control and drove into the side of Wiess' vehicle, the complaint says.

In his complaint, Wiess is seeking a judgment of more than $50,000, plus costs.

Heidi L. Leopold of Martin, Malec and Leopold in St. Louis will be representing him.

Madison County Circuit Court case number: 11-L-200.

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