Mother sued over son's use of vehicle in fatal accident

Andrea Dearden May 10, 2012, 7:21am

A Belleville woman is being sued after her son allegedly drove her car while intoxicated and killed a man in a head-on crash.

Kelly Christine Rose, as special administrator of the estate of Sean Michael Rose, filed a lawsuit April 25 in St. Clair County Circuit Court against Tammy D. Tobin.

According to the complaint, Sean Michael Rose was driving his Lincoln Continental east on St. Clair Avenue in East St. Louis in December 2010.

At the same time, Barry Tobin was allegedly driving a Dodge Neon owned by his mother, Tammy, west on St. Clair Avenue. Near the intersection of 71st Street, Kelly says Barry crossed the median and crashed head-on into her son's car. Rose allegedly died as a result of injuries he received in the crash.

Kelly Rose claims Barry Tobin was driving under the influence of drugs or alcohol and speeding at the time of the crash. She says his mother is negligent for allowing him to drive her car when she should have known his history of alcohol and drug use.

Kelly Rose is suing Tammy Tobin for wrongful death and asks for more than $50,000 in damages for medical expenses and court fees.

Attorney Ryan J. Mahoney of Swansea is representing the Rose family.

St. Clair County Circuit Court Case No. 12-L-213

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