A Madison County woman's auto accident that left her with permanent back, neck, cervical, lumbar, buttocks and coccyx injuries has prompted a two-count lawsuit seeking more than $100,000 for the resulting pain, discomfort and mental anguish.
On Nov. 3, Pricilla and Thomas Hawk filed a two-count suit against Marilyn Schoenbaum of Moro, as a result of a Dec. 5, 2002 collision on Moro Road.
Thomas Hawk is a named plaintiff who alleges that the injuries his wife sustained caused him to suffer the loss of consortium of his wife both present and past.
Priscilla claims that on Dec. 5, 2002 at 1:50 p.m. while driving her 2000 Nissan Altima eastbound on Moro Road, Schoenbaum negligently pulled out of her driveway and caused the collision at 5782 Moro Road.
Schoenbaum was cited the day of the accident by the Madison County Sheriff’s Department for failure to yield right of way.
She also alleges that Schoenbaum did not exercise ordinary care, failed to keep a proper lookout, failed to observe vehicles on the roadway that were clearly visible and should have been observed, failed to yield when pulling out of a driveway and failed to refrain from operating her vehicle while medically unable to operate a vehicle in a safe manner.
The complaint did not state how Schoenbaum was medically unable to operate her 2001 Dodge Caravan.
Hawk claims that she was disfigured and disabled and is reasonably certain to be disfigured and disabled in the future. She claims that she has lost earnings and benefits present and past.
Hawk alleges she has and will continue to incur medical, nursing, and hospital expenses. In addition to damages of at least $100,000, the Hawks are also seeking costs and other relief as the court deems proper and just.
The Hawks are represented by Lindsay Rakers of the Edwardsville firm of Goldenberg, Miller, Heller, and Antognoli.
The case has been assigned to Circuit Judge Nicholas Byron.
04 L 1222