BELLEVILLE – A tractor-trailer driver and his wife are suing a commerce carrier, alleging negligence for injures the husband says he suffered in a collision with another tractor-trailer.
Knox Whitt and Katharina Whitt filed the lawsuit March 4 in St. Clair County Circuit Court against James R. Poshard & Sons Inc. and Jonathan Shealey, alleging negligence.
Poshard & Sons is an interstate commerce carrier licensed to operate in Illinois and Shealey, from Indiana, is an employee of the company.
According to the complaint, on March 20, 2014, Knox Whitt was driving his truck southbound on U.S. Route 231 while Shealey was driving his rig northbound. At that time, the suit says, Shealey was operating his vehicle negligently, causing it to cross the center line of the highway and crash into Whitt's vehicle.
The defendant is accused of failure to keep his vehicle on the right side of the road, causing the vehicle to cross the center line, failing to keep a proper lookout. The plaintiff also claims Shealey was driving in a tired condition while taking a narcotic substance or medication and was looking at his cell phone while driving.
Knox Whitt claims the head-on collision caused him to suffer several injuries, including having his head forcibly thrown through the driver's side window, bruising, lacerations, plus sprains and fractures to the entire left side of his body. The lawsuit says the plaintiff continues to suffer loss of sleep, nervousness, anxiety, depression and irritability; and he has incurred at least $5,000 in medical expenses and has lost wages for inability to work.
Katharina Whitt is suing over the loss of consortium of her husband. She seeks a judgment of actual damages, plus court costs
Knox Whitt seeks actual damages of more than $50,000, plus court costs and a trial by jury. The plaintiffs are represented by attorney Gregory G. Fenlon of Clayton, Mo.
St. Clair County Circuit Court case number 16-L-123