Suit against power companies over utility pole crash settles; had been set for trial Monday

Amelia Flood Apr. 30, 2011, 4:44am

A suit over a motorcycle accident involving utility wires has settled.

The case had been set to open at trial before Madison County Circuit Judge David Hylla at 9 a.m. on Monday.

Various summary judgment moves and counterclaims among the defendants were also pending at the time of the settlement in the case brought on behalf of an estate by its representative Afton Sims.

No details of the settlement are available in the case file as yet.

Sims sued the Central Illinois Public Service Co., doing business as AmerenCIPS, JMP Cycle and Hobby Inc., AT&T and Charter Communications as representative of the estate of Eddie Newby in 2007.

The suit stems from a Sept. 16, 2006 accident in Godfrey.

According to the plaintiff's complaint, Newby was operating a 2006 Kawasaki Ninja on Alby Street near Mitchell Street when he ran off the road and collided with wires adjacent to the road.

The plaintiff alleged the wires were attached to an Illinois Central utility pole and lacked protective coverings.

As a result, the plaintiff was severely injured and later died.
The complaint sought damages for negligence, conscious pain and suffering, misconduct and other claims.

The claims against JMP Cycle alleged that the motorcycle had a broken breaking system at the time of Newby's accident.

The complaint alleged that AT&T owned the utility pole and was responsible for failing to keep its lines in good repair.

The allegations against Charter were similar.

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

Central Illinois settled with the plaintiff last year for a confidential amount.

Rodney Caffey represented the plaintiff.

James Hodges represented Central Illinois.

Kenneth Burke represented Charter.

Madelyn Lamb represented AT&T.

The case is Madison case number 07-L-825.

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