January trial date set in Madison County Auditor's personal injury lawsuit over accident
Madison County Circuit Judge Dennis Ruth set a January trial date in a case filed by Madison County Auditor Rick Faccin against a woman who allegedly injured him in an accident.
Faccin claims he sustained rib injuries after Rebecca A. Hughes allegedly failed to yield the right-of-way at a red light while he was making a left hand turn onto W. Delmar at Pierce Lane in Godfrey on Aug. 16, 2010.
He filed a lawsuit Sept. 6, 2011 against Hughes.
In addition to his injuries, Faccin claims he was hindered and prevented from attending to his normal duties. He also incurred medical costs because of the collision, according to the complaint.
He blames Hughes for causing the collision, saying she negligently ran a red light, failed to reduce her speed to avoid a collision and failed to keep her vehicle under control, the suit states.
Faccin seeks a judgment exceeding $50,000.
According to Hughes' attorney, Michael J. Nester, if Faccin sustained any injuries and damages as alleged, those injuries were the proximate result of the negligence or unlawful conduct of someone other than Hughes.
Nester wrote that Faccin failed to mitigate his damages, which should bar him from recovery. Whatever damages Faccin sustained are the result of his own negligence, he wrote.
Bob L. Perica of The Perica Law Firm in Wood River represents Faccin.
The trial is scheduled for Jan. 23.
Faccin, a Democrat, was first elected Auditor in 2002. He faces Republican Jeremy Plank in the November election.
Madison County Circuit Court case number: 11-L-881.