Bike rider's lawsuit over tumble from trail dismissed; Plaintiff allowed to refile

Madison County Circuit Judge Dennis Ruth on Feb. 1 dismissed two public entity defendants from a bicyclist’s personal injury lawsuit.

Ruth also allowed plaintiff Ian Hester 14 days to file an amended complaint and gave defense 28 days to respond to an amended complaint.

Hester sued Madison County Mass Transit and Agency for Community Transit and the City of Granite City last April over a July 24, 2011 bicycle accident on Confluence Trail.

Both public entities stated they are not liable for an injury where liability is based on the existence of a condition of any public property intended or permitted to be used for recreational purposes.

Hester claims he fell more than 10 feet when he tumbled off a road while riding his bicycle, mistakenly believing the road ended in a bike trail.

Hester sought a judgment exceeding $50,000.

He is represented by Samantha S. Unsell of Belleville.

Donald Ohl of Heather Mueller-Jones in Edwardsville represents the Agency for Community Transit.

Eric Evans of Evans Blasi in Granite City represents Granite City.

Madison County Circuit Court case number: 12-L-549.