Failure to yield causes Madison accident, suit claims

Kelly Holleran Dec. 8, 2011, 1:00am

A man has filed suit against the driver who he claims failed to yield to his vehicle, causing a collision.

Charles A. Rogers claims he was driving on Madison Avenue in Madison on Feb. 8, 2010, when defendant Demond H. Shaw, who was driving on the same road, ran into his vehicle.

Because of the collision, Rogers experienced great pain and mental anguish, sustained disability and disfigurement and lost earnings, according to the complaint filed Dec. 5 in Madison County Circuit Court. In addition, he incurred medical costs and sustained a seriously diminished earning capacity, the suit states.

Shaw negligently failed to keep a proper lookout, failed to apply his brakes to avoid the accident, failed to reduce his speed and failed to yield to Rogers vehicle, the complaint says.

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

Gregory M. Tobin of Pratt and Tobin in East Alton will be representing him.

Madison County Circuit Court case number: 11-L-1298.

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