Driver attempting to pass semi causes accident, suit says

Kelly Holleran Oct. 18, 2011, 3:22am

A Madison County man has filed suit against the driver who he claims struck his vehicle as she attempted to pass a semi-tractor trailer.

Kent R. Milford claims he was driving west on New Poag Road near its intersection with Wanda Road on Oct. 12, 2009, when defendant Sharon M. Outlay, who was driving on the same road in the opposite direction, attempted to pass the semi. In doing so, Outlay swerved into Milford's lane, according to the complaint filed Oct. 11 in Madison County Circuit Court.

"As Defendant attempted to pull back into the eastbound lane, the right rear of Defendant's vehicle collided with the left front of the semi-tractor trailer causing Defendant's vehicle to collide with the left rear of Plaintiff's vehicle which caused it to spin around and come to rest facing the opposite direction in the westbound lane of New Poag Road approximately 50 yards from the initial point on impact," the suit states.

Because of the collision, Milford experienced pain and discomfort, lost earnings and benefits and incurred medical costs, the complaint says. In addition, he claims he has been restricted in his usual activities.

Outlay negligently failed to properly pass a vehicle to the left, failed to keep her vehicle under control, failed to use every precaution to avoid a collision and drove in a careless manner, according to the complaint.

In his complaint, Milford is seeking a judgment of more than $50,000, plus costs.

Brian M. Bendick of Hearne and Bendick in St. Louis will be representing him.

Madison County Circuit Court case number: 11-L-1032.

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