Driver sues car owner after trunk slams on head while retrieving walker

By The Madison County Record | May 5, 2014

A man claims he suffered a severe head injury after a trunk slammed on his head as he was trying to retrieve a walker from the back of a vehicle.

James Metcalf filed a lawsuit April 22 in the Madison County Circuit Court against Elizabeth Metcalf.

In his complaint, James Metcalf claims he and Elizabeth Metcalf were using her 2000 Dodge Intrepid to pick up his sibling and bring her home from the hospital. On the way back from the hospital, they decided to stop at a restaurant where James Metcalf attempted to pull a walker from the trunk of the Intrepid.

Upon opening the trunk lid, and while attempting to get the walker out of the trunk, the trunk lid without warning came crashing down, hitting Jame Metcalf on the head, the suit states.

Because of the incident, James Metcalf incurred pain and suffering, endured disability and lost his capacity to work, the complaint says. He also claims he incurred medical costs.

James Metcalf blames Elizabeth Metcalf for contributing to his injuries, saying she negligently failed to warn him the trunk was defective and failed to repair the strut mechanism so it would not cause the trunk lid to fall.

James Metcalf is seeking a judgment of more than $50,000, plus costs. He is being represented by Thomas O. Falb of Williamson, Webster, Falb and Glisson in Alton.

Madison County Circuit Court case number 14-L-603.

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