Christina Stueve Hodges Nov. 29, 2012, 3:50pm

Madison County Circuit Judge Dennis Ruth dismissed a lawsuit filed by Madison County Auditor Rick Faccin against a woman who allegedly injured him in an accident.

Faccin claimed 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.

Faccin filed suit Sept. 6, 2011. The lawsuit was dismissed Oct. 29 prior to trial scheduled for Jan. 23.

The parties in the case filed a stipulation for dismissal Oct. 29.

Faccin sought a judgment exceeding $50,000.

According to Hughes’ attorney, Michael J. Nester, if Faccin sustained 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 were the result of his own negligence, he wrote.

Faccin, a Democrat, defeated Jeremy Plank, a Republican, in the Nov. 6 election, earning a fourth four-year term.

Bob L. Perica of The Perica Law Firm in Wood River represented Faccin.

Madison County Circuit Court case number: 11-L-881.

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