Rain storm-related O'Fallon accident is subject of suit

By Kelly Holleran | Aug 30, 2012


An O'Fallon man has filed suit against the driver who he claims rear-ended his vehicle in a rain storm.

Thomas E. Demond Jr. claims he was driving his 2010 Ford pickup west on Highway 50 at its intersection with Hartman Lane in O'Fallon on July 7 when he stopped for a red light. Suddenly, defendant Micah A. Smith, who was driving a 2002 Chevrolet Impala on the same street, slammed into the back of Demond's vehicle, according to the complaint filed Aug. 9 in St. Clair County Circuit Court.

In turn, Demond's vehicle was "violently" propelled into the intersection, the suit states.

Because of the collision, Demond sustained injuries to his neck and upper and lower back, experienced physical and mental pain and suffering and sustained headaches, the suit states. He also incurred medical costs and lost wages, the complaint says.

Demond blames Smith for causing the collision, saying he negligently failed to yield, failed to stop at a red light, drove too fast for the stormy conditions, exceeded the speed limit, failed to keep a careful lookout and failed to warn of his impending approach.

Demond also names Jennifer A. Peterson as a defendant, saying she owned the vehicle that Smith was driving at the time of the collision.

"Micah A. Smith was performing services for defendant, Jennifer A. Peterson, and was acting under her direction and control at the time of the above-described collision," the suit states.

In his two-count complaint, Demond seeks an unspecified judgment, plus costs.

He will be represented by David M. Duree of David M. Duree and Associates in O'Fallon.

St. Clair County Circuit case number: 12-L-414.

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