The administrator of a deceased man's estate is asking the court to summon the witness to the accident that caused the man's death.

John D. Patton filed a petition to seek discovery Oct. 27 in St. Clair County Circuit Court against Gary M. Lindsay.

John D. Patton claims Melvin D. Patton died after the 2001 Mercury Grand Marquis he was driving was involved in a collision with James Toon's 2007 Chrysler 300 on Aug. 17.

In the police report following the accident, Lindsay is listed as a witness, according to the petition.

However, Lindsay has refused to respond to John D. Patton's attorney's attempts to contact him, the petition says.

John D. Patton is asking the court to authorize a deposition from Lindsay regarding any information he may have that may be relevant to the accident.

Mark C. Scroggins, Clay B. St. Clair and Anthony P. Gilbreth of Crowder and Scroggins in Columbia will be representing him.

St. Clair County Circuit Court case number: 09-L-575.

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