Bi-State bus passenger claims injuries from collision

By Steve Gonzalez | May 13, 2008

A woman injured when a bus she was riding in collided with a car at St. Clair Square in Fairview Heights filed a personal injury suit against Bi-State Development Agency in St. Clair County Circuit Court May 8, alleging the driver negligently and carelessly operated the bus.

Kimberly Ragsdale claims she was riding a Metro bus on Aug. 26, 2007, when it collided with a vehicle operated by co-defendant Andrew Schultz in an area known as "The Outer Ring Road, West Macy's Lot" which is also known as "St. Clair Square Drive."

Bi-State currently operates under the name Metro.

Ragsdale claims Metro owed its passengers a duty to exercise the highest degree of care but breached that duty when the bus driver negligently operated the bus in a manner that allowed it to enter another lane of traffic.

She also claims the driver carelessly utilized a roadway which was of insufficient width to safely operate the bus and failed to make a wide enough turn.

Ragsdale claims Schultz negligently and carelessly operated his car without keeping a proper and sufficient lookout, failed to negotiate a turn and failed to yield or stop to avoid colliding with another vehicle.

In addition to Metro and Schultz, Ragsdale also is seeking damages from the owners of St. Clair Square, CBL & Associates Properties, Inc.

She claims CBL expressly or impliedly invited the general public to utilize the streets and roads that circumvent St. Clair Square but alleges they failed to maintain the roadways in a sufficient width to allow two vehicles to travel the same route.

Ragsdale also claims CBL failed to change the roadways when it knew or should have known that the condition of the roads created a risk of injury to the general public and failed to warn the general public and Metro that the roads were not of sufficient width.

Represented by Jeffrey Hammel of Belleville, Ragsdale claims the collision caused her to sustain severe and permanent injuries to her neck and back which required two neck surgeries that have caused her health and strength to diminish.

She also claims her injuries caused and will continue to cause pain and suffering, lost wages and medical expenses.

She is seeking damages in excess to $150,000 so she can be fairly and adequately compensated for her injuries.

08 L 231 (20th Circuit)

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