A man and his wife have filed suit against the driver who they claim rear-ended the man's vehicle.

Joseph A. Denap claims he was driving north on Illinois Highway 157 in Caseyville on Feb. 20, 2009, when defendant Derek J. Smith, who was driving in the same direction, rear-ended his vehicle.

Because of the collision, Denap suffered disability, disfigurement, great pain and mental anguish and lost earnings, according to the complaint filed Dec. 23 in St. Clair County Circuit Court. In addition, he lost earnings, incurred medical costs and experienced a diminished earning capacity, the suit states.

Dawn Denap lost her husband's support, society and consortium because of the accident, the complaint says.

The Denaps blame Smith for causing the collision, saying he negligently failed to keep a proper lookout, drove in such a manner that he struck the rear of Joseph Denap's vehicle, failed to properly apply his brakes, failed to reduce his speed and failed to yield to Joseph Denap's vehicle.

In their two-count complaint, the Denaps seek a judgment of more than $100,000, plus costs and other relief the court deems just.
They will be represented by Gregory M. Tobin of Pratt and Tobin in East Alton.

St. Clair County Circuit Court case number: 10-L-666.

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