Trucker was sleepy or impaired, suit says

By Kelly Holleran | Aug 26, 2009

A man has filed suit against the driver who he says rear-ended the trailer he was driving on the interstate.

Victor and Theresa Berthelsdorf filed a lawsuit Aug. 21 in Madison County Circuit Court against Dynamic Transit Company, Everest Trucking Company and Arlando Anderson.

The Berthelsdorfs claim Victor Berthelsdorf was driving west on Interstate 70 near mile marker 436 on April 26, 2008, in Colorado when Anderson, who was also driving west as part of his employment for Dynamic Transit Company and Everest Trucking Company, hit the back of the Berthelsdorfs' trailer. At the time of the accident, Theresa Berthelsdorf was riding in the vehicle as a passenger, according to the complaint.

Because of the accident, the Berthelsdorfs suffered injuries and property damage, the suit states.

Anderson negligently failed to keep a proper lookout, drove too fast and drove while he was sleepy or impaired by drugs or alcohol, the complaint says.

In the two-count suit the Berthelsdorfs are seeking compensatory damages of more than $100,000.

Douglas W. Graham of Chicago will be representing them.

Madison County Circuit Court case number: 09-L-872.

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