Pedestrian in East Alton claims hit and run driver caused shattered leg

Kelly Holleran Aug. 20, 2012, 10:48am


A man claims he was required to undergo surgery on his shattered leg after a driver struck him as he was attempting to cross the street.

Joseph Patterson filed a lawsuit Aug. 13 in Madison County Circuit Court against James H. Cannon.

In his complaint, Patterson claims he was walking to the grocery store to buy a soda and crossing the 400 block of East Main Street in East Alton on May 13, 2012, when Cannon, who was driving a 1997 Ford pickup truck on East Main, struck him. Cannon then fled the scene of the collision, according to the complaint filed Aug. 13 in Madison County Circuit Court.

"An eyewitness to the occurrence was able to provide some information to police, and the police were attempting to discover the driver for a few days," the suit states. "Defendant is asserting his Fifth Amendment right to remain silent and will not speak to police about the incident, and will not answer questions about whether or not he was drinking alcohol prior to the incident, or whether or not he was intoxicated at the time of the incident."

Because of the accident, Patterson underwent surgery to repair his shattered tibia and fibula; suffered great pain, mental anguish and disfigurement; and incurred medical costs of more than $100,000, the complaint says. He also claims he lost wages and sustained property damages.

Patterson blames Cannon for causing the collision, saying he negligently failed to keep a proper lookout, failed to keep his vehicle under proper control, failed to stop in time to avoid striking a pedestrian, failed to sound his horn to warn of an impending collision, failed to reduce his speed to avoid a collision and drove without safe brakes.

In his complaint, Patterson seeks a judgment of more than $50,000, plus costs.

Michael P. Glisson of Williamson, Webster, Falb and Glisson in Alton will be representing him.

Madison County Circuit Court case number: 12-L-1265.

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