Pedestrian claims Mustang driver backed into her in Freeburg parking lot

Kelly Holleran Nov. 29, 2011, 1:58pm

A woman claims she sustained severe injuries after a driver backed into her as she walked in a parking lot.

Dorothy Prather filed a lawsuit Nov. 17 in St. Clair County Circuit Court against Donald Birkner.

In her complaint, Prather claims she was walking in the parking lot at 10 Southgate Court in Freeburg on Oct. 28, 2011, at about 1:50 p.m. when Birkner, who was driving a 1998 Ford Mustang in the parking lot, backed into her.

Because of the collision, Prather became sick, sore, lame, disordered and disabled and incurred medical costs, according to the complaint. In addition, she suffered disability, experienced pain and suffering and lost wages, the suit states.

Prather blames Birkner for causing the collision, saying he negligently failed to reduce his speed to avoid a collision, failed to keep a proper lookout, failed to keep his vehicle under proper control and failed to stop or swerve to avoid a collision, the complaint says. In addition, Birkner drove too fast, Prather claims.

In her complaint, Prather seeks a judgment of more than $50,000, plus costs.

David C. Nelson of Nelson and Nelson in Belleville will be representing her.

St. Clair County Circuit Court case number: 11-L-645.

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