Woman injured while retrieving items from trunk, sues

By Kelly Holleran | Feb 4, 2011

A St. Clair County resident has filed suit against the driver who she claims struck her as she was retrieving items from her trunk.

Kayla Mendez claims she was getting items from the trunk of her 2002 Pontiac Grand Am, which was parked on the side of the road facing westbound in the 700 block of Lebanon Avenue in Belleville, when defendant Nizar S. Hamdan, who was driving a 2002 BMW 540 west on Lebanon, struck her on May 21.

Because of the collision, Mendez experienced pain, suffering, disability, disfigurement and loss of a normal life, according to the complaint filed Jan. 11 in St. Clair County Circuit Court. In addition, she incurred medical costs and lost her income, the suit states.

Hamdan negligently failed to keep a proper lookout, failed to yield the right-of-way to Mendez, drove too fast, failed to stop or swerve to avoid a collision, failed to timely apply his brakes and failed to keep his vehicle under control, the complaint says.

Mendez also names Nadia M. Hamdan as a defendant, saying she wrongfully entrusted her vehicle to Nizar Hamdan without instructing him on the proper operation and when she knew that he did not have the skills necessary to drive competently.

In her two-count complaint, Mendez is seeking a judgment of more than $100,000, plus costs and other relief the court deems just.

Mendez will be represented by J. Brian Manion of Weilmuenster Law Group in Belleville.

St. Clair County Circuit Court case number: 11-L-20.

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