The defendant in a man's lawsuit over injuries sustained on a Madison County bike trail claims the plaintiff failed to mitigate his own damages.
Agency for Community Transit filed its affirmative defenses May 25 in response to a lawsuit claiming a bike rider fell more than 10 feet when he tumbled off a road while riding his bike.
Ian Hester filed the lawsuit April 26 in Madison County Circuit Court, alleging he was riding his bike in Granite City July 24, 2011, when he attempted to enter a bicycle trail. He claims the accident occurred because the road abruptly ended and gave the appearance that the bike path continued at the road's end, the suit states.
Because of his fall, Hester claims he suffered a fracture in his heel bone and several compression fractures in his back and experienced permanent pain, mental anguish and disfigurement. In addition, he incurred medical costs, lost wages and was prevented from attending to his usual duties and affairs, according to the complaint.
Agency for Community Transit states that if the plaintiff's contributory negligence is determined to be less than 50 percent of the cause of the plaintiff's injuries, any damages allowed must be diminished in proportion to the amount of fault attributable to the plaintiff for failure to exercise ordinary care in causing his own injuries.
Agency for Community Transit on May 25 demanded a trial by jury.
Donald J. Ohl on May 25 announced his representation of Agency for Community Transit.
The Agency for Community Transit also filed a motion to dismiss May 25, stating a that a local public entity is not liable for an injury where the liability is based on the existence of a condition of any public property permitted to be used for recreational purposes, including parks or other recreational facilities unless the local entity is guilty of willful and wanton conduct causing the injury.
Hester seeks a judgment of more than $50,000, plus costs.
Samantha S. Unsell of Belleville will be representing him.
Madison County Circuit Court case number: 12-L-549.