Mustang driver fights woman's complaint that he backed into her in parking lot
The defendant in a St. Clair County personal injury lawsuit answered a woman's complaint on Jan. 9 that he allegedly backed into her as she walked through a parking lot.
Dorothy Prather filed a lawsuit Nov. 17 against Donald Birkner, alleging Birkner backed into her with his 1998 Ford Mustang as she walked through the parking lot at 10 Southgate Court in Freeburg on Oct. 28.
Birkner claims Prather did not use caution for her safety and failed to keep a lookout and failed to avoid his vehicle.
Because of the collision, Prather claims she became sick and disabled and incurred medical costs and lost wages.
Prather blames Birkner for causing the collision, saying he failed to slow down to avoid a collision, failed to keep a proper lookout, 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 more than $50,000.
David C. Nelson of Nelson and Nelson in Belleville represent Prather.
Martin K. Morrissey represents Birkner. He demands a trial by jury.
Associate Judge Vincent Lopinot is assigned to the case. He set a status conference for 9 a.m. Feb. 14.
St. Clair County Circuit Court case number: 11-L-645.