St. Clair County and employee sue driver over rear-end accident

By Kelly Holleran | Oct 5, 2009

A St. Clair County man and the county itself have filed suit against a driver they claim failed to stop at a stop sign.

Kerry G. Davis claims he was driving a 2000 Ford Pick-up truck east on West Washington Avenue, west of its intersection with Jefferson Avenue, in Millstadt on March 2, 2005, as part of his work duties for St. Clair County.

At the same time, Holly J. Schaefer was driving behind Davis in a 2004 Jeep Liberty when she hit him as he was stopping for a stop sign at the intersection, according to the complaint filed Sept. 15 in St. Clair County Circuit Court.

Because of the collision, Davis sustained injuries to his neck, back, spine, extremities and body, experienced pain and suffering and incurred permanent disfigurement and disability, the suit states. In addition, he lost large sums of money, suffered an impaired earning capacity and incurred medical expenses, the complaint says.

As a result of workers' compensation, St. Clair County claims it has become obligated to pay Davis benefits for his medical expenses, temporary total disability and permanent partial or permanent total disability.

Davis and St. Clair County blame Schaefer for failing to maintain a proper lookout, for driving too fast, for following Davis too closely, for failing to stop or swerve to avoid a collision and for failing to exercise ordinary care for the safety of others on the road.

In the two-count suit, Davis and St. Clair County are seeking a judgment of more than $100,000, plus costs.

They will be represented by Michael K. Nowak of Becker, Paulson, Hoerner and Thompson in Belleville.

St. Clair County Circuit Court case number: 09-L-488.

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