Lawsuit dismissed against Mustang driver over Freeburg parking lot incident

St. Clair County Circuit Judge Vincent Lopinot on Feb. 13 dismissed a woman’s personal injury lawsuit against the driver of a Mustang who allegedly backed into her as she walked through a parking lot.

Dorothy Prather filed a lawsuit in 2011 against Donald Birkner, alleging Birkner backed into her with his 1998 Ford Mustang as she walked through the parking lot at 10 Southgate Court in Freeburg on Oct. 28, 2011.

In his defense, Birkner claimed Prather did not use caution for her safety and failed to keep a lookout and failed to avoid his vehicle.

Because of the collision, Prather claims she became sick and disabled and incurred medical costs and lost wages.

Prather sought more than $50,000.

David C. Nelson of Nelson & Nelson in Belleville represented Prather.

Martin K. Morrissey represented Birkner.

St. Clair County Circuit Court case number: 11-L-645.