Christmas Day accident is subject of suit

Andrea Dearden Mar. 15, 2011, 2:40am

A man is suing the driver he says was intoxicated and crashed into him on Christmas Day.

Eric E. Heberer filed the lawsuit against David A. Whitacare Feb. 14 in St. Clair County Circuit Court.

Heberer says, on Dec. 25, 2010, he stopped his vehicle on the shoulder of the entrance ramp to I-64 in O'Fallon. Heberer says his emergency lights were on to alert other drivers.

According to the complaint, Whitacare was driving intoxicated and crashed into Heberer's parked vehicle.

Heberer says he received multiple injures that have caused him ongoing pain, permanent disability and lost wages.

Heberer argues Whitacare was negligent for allegedly failing to stop, slow down or swere to avoid the crash.

Heberer is asking for more than $50,000 in damages along with courts costs and attorney fees.

Attorney Brad L. Badgley of Belleville is representing Heberer.

St. Clair County Circuit Court Case No. 11-L-71

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