Driver failed to avoid overturned truck on I-270, passenger claims

A woman claims she sustained severe injuries to her neck, back, right arm and elbow after the vehicle in which she rode struck stopped traffic on the interstate.

Eliza T. Henson filed a lawsuit Oct. 29 in Madison County Circuit Court against Boyd Brothers Transportation, Phillip A. Moulton and Heath Harrell.

In her complaint, Henson alleges she rode in a 2006 Dodge Ram pickup truck Harrell was driving west on Interstate 70 near mile post 25 when the truck encountered stopped traffic. Unable to yield in time to avoid a collision, Harrell slammed into the multiple vehicles stopped in the pile up, according to the complaint.

The traffic had stopped for a 2007 tractor trailer truck operated by Moulton, which had rolled on its side, the suit states.

The accident occurred at about 6 a.m. on Jan. 10, 2011.

In addition to her injuries, Henson suffered great pain and mental anguish, was prevented from attending to her usual duties and incurred medical costs, the complaint says. She also claims she lost wages.

Hensons names Boyd Brothers as a defendant, saying it employed Moulton as a driver when the incident occurred.

She blames Moulton for causing the collision, saying he negligently failed to remain awake at the wheel, failed to keep his vehicle under proper control, failed to keep his vehicle in the proper lane of traffic and failed to use every precaution to avoid the collision.

Harrell negligently failed to notice an overturned truck on the interstate, failed to avoid hitting stopped vehicles, failed to reduce his speed to avoid a collision and drove in a manner that threatened Henson’s safety, according to the complaint.

In her three-count complaint, Henson seeks a judgment of more than $150,000, plus costs.

Adam E. Berry and Ronald S. Motil of Beatty and Motil in Glen Carbon will be representing her.

Madison County Circuit Court case number: 12-L-1757.

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