Plaintiff in accident suit stemming from rushed pizza delivery boy asks to amend complaint

Amelia Flood Mar. 23, 2011, 4:18am

A man suing over injuries he claims to have suffered when a pizza delivery boy allegedly caused a 2009 accident wants to amend his complaint.

Plaintiff Matthew Bruntjen on March 16 filed for leave to amend the suit that has roped in eight defendants.

Bruntjen is suing pizza delivery driver Kenneth Lyerla, his mother, Lisa Lyerla, Leonard Cummings Jr., Bethalto Pizza L.L.C., Imo's Franchising Inc., Jeremiah Greene, Jason Yelton, and Metro East Distributing Co.

The 2010 suit seeks damages in excess of $50,000 per count and other relief.

In addition to the complaint filed by Bruntjen, there are a number of counterclaims pending amongst the defendants.

The suit arises out of an August 2009 accident that stemmed from a pizza delivery.

Kenneth Lyerla worked for Bethalto Pizza, an Imo's franchise.

He drove a car that belonged to Lisa Lyerla.

Cummings Jr. insured the car.

Bruntjen was a passenger in a van driven by Greene at the time of the accident.

Yelton owned the van and was employed by Metro East Distributing.

Bruntjen contends that Kenneth Lyerla was not driving safely because he was concerned with delivering his pizzas on time.

Kenneth Lyerla's car collided with Yelton's van and Bruntjen was injured.

Bruntjen claims that Greene was distracted at the time of the accident and that Yelton failed to secure cargo that the van was carrying properly.

The defendants deny those claims.

The case is currently set for a case management conference March 30 before Madison County Circuit Judge Andreas Matoesian.

There are several moves to dismiss parts of the suit pending.

Bruntjen is represented by Charles Armbruster.

Stephen Mudge represents the Lyerlas and Cummings Jr.

James Craney and others represent the pizza company defendants.

John Wendler represents Yelton and Metro East Distributing.

Greene is represented by Beth Boggs.

The case is Madison case number 10-L-577.

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