A cyclist involved in a mishap on a Madison County bike trail filed a personal injury suit against the Kilian Corporation, Asphalt Sales and Products and United Fire and Casualty Insurance in Madison County Circuit Court May 18.

Kathy Viox claims that a plastic fence blew into her path and snagged on her handle bar causing her to fall on May 29, 2004, as she was cycling on the trail west of Esic Drive.

According to the complaint, the defendants were involved in a construction project related to the bike trail and installed a temporary type of plastic fence.

Viox claims the defendants were negligent in one or more of the following ways:

  • failed to properly install the fencing;

  • failed to properly secure the fencing;

  • failed to properly inspect the fencing; and

  • failed to warn cyclists that the fencing was loose and able to blow onto the trail and into the path of cyclists.

    Viox claims her fall caused her painful injuries that are permanent, and that she has suffered pain and mental anguish and incurred medical expenses.

    Her husband, David Viox, also is seeking damages claiming he has sustained damages involving the expense of medical care, treatment and services received by his wife and the value of her services as well as the value of her society, companionship and marital relationship.

    Represented by James Gorman of Lucco, Brown, Threlkeld & Dawson in Edwardsville, the couple is seeking damages in excess of $150,000, plus costs of the suit.

    The case has been assigned to Circuit Judge Andy Matoesian.

    06 L 445

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