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MADISON - ST. CLAIR RECORD

Monday, March 18, 2024

Intoxicated driver failed to remain in lane of travel, suit claims

A woman has filed suit against the allegedly intoxicated driver who failed to remain in his lane of travel and struck the vehicle in which she was riding.

Kelley D. Henschen filed a lawsuit April 25 in St. Clair County Circuit Court against Harrell E. Hackleman and Joyce A. Arquett.

Henschen claims she was riding in a 2003 Honda Odyssey that was traveling north at the 2700 block of Old Collinsville Road in Swansea on May 5, 2008, at about 10:28 p.m. when Hackleman, who was driving a 1999 Mazda 626 belonging to Arquett south on the same road, failed to keep his vehicle in his lane and struck the vehicle in which she was riding.

Because of the collision, Henschen sustained severe, serious and permanent injuries; suffered mental pain and anguish; incurred medical costs; lost sums from her usual employment; and incurred a damaged earning capacity, according to the complaint.

Hackleman failed to keep his vehicle under proper control, failed to keep a proper lookout for other vehicles, failed to stop or take other evasive actions to avoid a collision, drove without adequate brakes, drove on the left half of the street and drove under the influence of intoxicating beverages, the suit states.

Arquett should never have lent her vehicle to Hackleman because she should have known he lacked the experience, competence and skills to operate a vehicle, the complaint says. In addition, Henschen claims Arquett negligently entrusted her vehicle to Hackleman when she knew of its unsafe conditions and entrusted her vehicle to Hackleman when she knew he could drive the vehicle under the influence of intoxicating liquors.

In her three-count complaint, Henschen is seeking a judgment of more than $150,000, plus costs.

She will be represented by Thomas B. Cannady of Cannady and Katz in Shiloh.

St. Clair County Circuit Court case number: 10-L-200.

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