Passenger claims injuries as driver backed out of parking space

Kelly Holleran Oct. 6, 2011, 9:53am

The passenger in a vehicle alleges he sustained neck, shoulder and back injuries after a driver hit the driver's side of the vehicle in which he rode.

Virgal Braxton filed a lawsuit Sept. 26 in St. Clair County Circuit Court against Stacey Abernethy, Kristen Abernethy and Stephanie Bryant.

In his complaint, Braxton alleges he rode in a vehicle, which was reversing out of a parking spot at St. Clair Square in Fairview Heights on June 20, when Stacey Abernethy struck the driver's side of the vehicle.

In addition to the injuries he sustained, Braxton became sick, sore, lame, disordered and disabled and incurred medical costs because of the collision, according to the complaint. He also suffered disability, experienced pain and suffering and lost wages, the suit states.

Braxton blames Stacey Abernethy for causing the collision, saying she negligently failed to keep a proper lookout, drove in such a manner that caused a collision, failed to properly apply her brakes and failed to properly back her vehicle.

The vehicle belonged to Kristen Abernethy, who is also named as a defendant because she lent her vehicle to a driver she should have known to be incompetent, inexperienced and reckless, the complaint says.

Bryant is named as a defendant because she struck the rear of an unidentified vehicle while she drove in the parking lot, Braxton alleges.

In his three-count complaint, Braxton seeks a judgment of more than $150,000, plus costs.

Thomas C. Rich and Kristina D. Cooksey of Fairview Heights will be representing him.

St. Clair County Circuit Court case number: 11-L-541.

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