Darr
An O'Fallon man blames a fatigued truck driver for causing a collision that resulted in the man sustaining temporary and permanent injuries.
Donald L. Brooks filed a lawsuit Oct. 13 in Madison County Circuit Court against Nolan E. Pittman and Curry Ice and Coal.
In his complaint, Brooks alleges he drove his 2011 Volvo 122 Series tractor north on Interstate 55 near mile post 198 in Pontiac on March 9 when he encountered a 2000 Freightliner truck that had flipped on its side.
"The defendant, Nolan E. Pittman, ran off the roadway and entered the muddy center median," the suit states. "While attempting to steer out of the median and back onto the roadway, the defendant's tractor and trailer overcorrected and overturned and thereby blocked both lanes of I-55."
Because the area of Interstate 55 near the incident is extremely rural with no lights, Brooks was unable to see the tractor, according to the complaint.
"When this fact became known to Plaintiff, it was too late for him to stop and plaintiff's tractor collided with the over-turned tractor trailer operated by Pittman," the complaint says.
Because of the collision, Brooks claims he incurred medical costs, was prevented from attending to his usual duties and lost wages.
Brooks blames Pittman for causing the collision, saying he negligently failed to illuminate his vehicle to warn traffic of it, drove too fast, failed to drive within a single lane and drove in a fatigued condition.
Brooks names Curry Ice and Coal as a defendant because Pittman was working for it at the time of the collision, according to the complaint.
In his two-count complaint, Brooks seeks a judgment of more than $100,000, plus costs.
Lanny Darr of Schrempf, Kelly, Napp and Darr in Alton will be representing him.
Madison County Circuit Court case number: 11-L-1045.