Madison County Circuit Judge Andreas Matoesian is set to hear arguments Friday in a summary judgment move filed by the city of Alton in a suit brought by a man injured at a two way stop sign he claims should have been a four-way stop.
Alton filed its motion for summary judgment in the suit brought by Matthew Adelsbach on Nov. 9.
Matoesian will hear the motion at 9 a.m.
Adelsbach is suing the city, John Riddlespriger and others for damages in excess of $50,000 and other relief.
Adelsbach claims he was injured when he and the car driven by John Riddlespriger collided at a two-way stop along East 20th Street in Alton on March 18, 2003.
The city claims that Adelsbach was on his cell phone at the time of accident and that he did not yield to John Riddlespriger.
The city claims that the two-way stop had properly controlled traffic and that the movement of the stop sign due to road construction at the site was not significant enough to influence the accident.
The city argues that Adelsbach does not claim the stop sign was improperly installed or that it wasn't maintained.
"Since the Plaintiff has not shown that the Defendant, City of Alton, was under any duty other than to properly maintain the intersection, including sign size, color, and placement, the City of Alton breached no duty and the Plaintiff cannot establish a case for negligence," the motion reads.
The city also claims immunity from the suit under the Local Governmental Tort Immunity Act.
Charles Pierce represents the city.
Adelsbach is represented by Larry Amoni.
Patrick Duffy represents an intervener in the case, Federal Insurance Company.
Riddlespriger represents himself.
The case is Madison case number 04-L-252.