Farmer sued over large hole that led to man's death

Kelly Holleran Oct. 6, 2011, 3:44am

A Glen Carbon woman has filed suit against the owner of farmland, alleging the owner contributed to a man's death by failing to warn him of a large hole on her land.

Judy Tosh claims defendant Margie Schirmer doing business as Meketa Farm at 2417 Meketa Farm Road asked Harlan Eugene Seiber to run a tractor on her farm on Aug. 26 and 27. However, Tosh failed to warn Seiber of a large hole on her farmland, according to the complaint filed Sept. 27 in St. Clair County Circuit Court.

Seiber struck the hole with his tractor and, as a result of the incident, sustained serious, severe and painful injuries that ended his life, the suit states.

Because of Seiber's death, Tosh lost her companionship and society, the complaint says.

Schirmer blames Tosh for causing the incident, saying she negligently allowed a large hole to exist on her land, failed to warn Seiber of the large hole, failed to adequately inspect her land to discover the dangers a large hole presented to a tractor driver and directed Seiber to drive the tractor near the large hole, among other negligent acts.

In her two-count complaint, Schirmer is seeking a judgment of more than $100,000, plus costs.

Mark S. Schuver of Mathis, Marifian and Richter in Belleville will be representing her.

St. Clair County Circuit Court case number: 11-L-544.

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