Suit involving tractor trailer accident filed and dismissed in same day

A wrongful death suit involving a tractor trailer accident last year was filed April 15 in Madison County and dismissed the very same day.

According to the complaint, Jerry Westmoreland and Nathaniel Gately were passengers in a vehicle that was being operated by Brian Blain on Aug. 30, 2007. Gately and Blain perished.

Westmoreland sustained serious injuries and was the sole survivor of the accident.

Judith Gately, who was appointed as the special administrator of Nathaniel Gately's estate, had sought damages in excess of $50,000 from Brian Blain's estate.

Robert Blain is the executor of Brian Blain's estate.

Westmoreland also sought damages in excess of $50,000 for the injuries he sustained.

According to the complaint, Nathaniel Gately sustained "catastrophic injuries" resulting in his death and damage to this next-of-kin.

The complaint does not state any specifics of the accident, but a news report of the accident did.

The Edwardsville Intelligencer reported that Blain was operating a 1992 Mitsubishi northbound on Route 17 just south of Momence when it drifted in the oncoming traffic lane striking the rear axle of the trailer.

Gately was ejected from the vehicle and Blain and Westmoreland were both trapped inside it.

According to the complaint, Blain was negligent by failing to stay within his lane of travel and failed to keep a proper lookout.

The Intelligencer reported Blain may have been distracted on a cell phone at the time of Thursday's accident.

Judith Gately and Westmoreland are represented by Eric Carlson of Edwardsville.

The case had been assigned to Judge Nicholas Byron, but shortly after the suit was filed, Carlson filed a stipulation to dismiss the complaint with prejudice stating that a settlement had been reached.

Circuit Judge Barbra Crowder signed the order dismissing the case, ordering each party to bear their own cost.

Robert Blain was represented by Kevin Babb of Edwardsville.

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