Passenger claims injuries in Route 3 accident

Kelly Holleran Apr. 5, 2011, 1:57am

A man has filed suit against the allegedly drunken driver who crashed into the vehicle in which he was riding.

Cory J. Diveley claims he was riding in a vehicle heading west on Illinois Route 3 in Alton on Nov. 4 when defendant Jeffrey A. Sims, who was driving his vehicle in the same direction, struck the vehicle in which Diveley was riding.

Because of the collision, Diveley suffered disability, disfigurement, pain and mental anguish and lost earnings, according to the complaint filed March 23 in Madison County Circuit Court. In addition, he incurred medical costs and experienced a diminished earning capacity, the suit states.

Sims negligently failed to keep a proper lookout, drove in such a manner that he struck the vehicle in which Diveley was riding, failed to properly apply his brakes, failed to reduce his speed to avoid a collision and failed to yield the right-of-way, the complaint says. In addition, Diveley claims Sims negligently drove his vehicle while allegedly drunk.

In his complaint, Diveley is seeking a judgment of more than $50,000, plus costs and other relief the court deems just.

Gregory M. Tobin of Pratt and Tobin in East Alton will be representing him.

Madison County Circuit Court case number: 11-L-280.

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