Kelly Holleran Aug. 12, 2013, 12:48pm

A man has filed suit against the manufacturer of his riding lawn mower, saying he broke his leg when the hydraulics on the vehicle failed, causing him to plow into a tree.

Eddie Kindrick claims he was riding a lawn mower manufactured by defendant Briggs and Stratton Corporation on June 18 when the mower lost most of its hydraulic capacity.

“As a result of the loss of the hydraulic pressure, plaintiff was unable to steer or stop the Ferris mower, resulting in the mower losing control and accelerating down an adjacent hill until its acceleration was stopped by the collision with a tree,” the suit filed Aug. 6 in Madison County Circuit Court states.

Because of the incident, Kindrick broke his leg, according to the complaint.

He blames Briggs and Stratton for causing his injuries, saying the company made the mower unreasonably dangerous.

He also names Krause and Son as a defendant, saying it performed repair work on the mower, including the replacement of a leaky pipe hose, the tightening of all hoses and the changing of hydraulic fluid.

“In violation of its duty, defendant Krause, contrary to the instructions contained in the factory manual, which warns that when changing hydraulic fluid the air must be purged from the system to avoid a loss of control, defendant Krause did not purge the air from the hydraulic system,” the suit states.

The repair work led to the problems with the hydraulic pressure, which in turn caused the collision with the tree, the complaint says.

In his complaint, Kindrick is seeking a judgment of more than $150,000, plus costs and other relief the court deems just.

He will be represented by Thomas G. Maag of Maag Law Firm in Wood River.

Madison County Circuit Court case number: 13-L-1316.

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