Woman sues day care and driver over 1998 accident; Claims she was allowed to wander when she was 5

Kelly Holleran Feb. 15, 2012, 3:52am

A woman has filed suit against the driver who she claims struck her nearly 14 years ago while she was supposed to be in day care.

Robin M. Duckett claims she was at defendant Kimberly Chamness Child Care on Feb. 26, 1998, when she somehow was allowed to wander near traffic. At the time, Duckett was five years old, according to the complaint filed Feb. 6 in Madison County Circuit Court.

Defendant Angela D. McLaughlin, who was driving a 1991 Chevrolet Cavalier south on Olmstead Way, suddenly struck Duckett, "causing the minor plaintiff to flip over the hood of the motor vehicle, into the windshield and over the roof of the vehicle," the suit states.

Because of the collision, Duckett sustained a fracture to her femur, forehead lacerations, a closed head injury and severe contusions, the complaint says. She claims she was hospitalized at Alton Memorial Hospital and Cardinal Glennon Children's Hospital where she suffered from great pain and underwent reconstructive surgery. Due to the accident, Duckett also incurred significant medical costs and became permanently scarred and disfigured, according to the complaint.

Duckett blames McLaughlin for contributing to her injuries, saying the woman negligently failed to keep a proper lookout, failed to maintain proper control of her vehicle, drove too fast and failed to reduce her speed to avoid a collision.

Duckett also names Chamness as a defendant, saying she negligently failed to provide Duckett with proper supervision, failed to keep Duckett in a safe environment and failed to protect Duckett from traffic.

In her two-count complaint, Duckett seeks a judgment of more than $50,000, plus costs.

Carol L. Cagle of Alton will be representing her.

Madison County Circuit Court case number: 12-L-164.

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