Failure to yield caused Edwardsville accident, suit claims

By Kelly Holleran | Mar 13, 2013


A man claims he and his minor son sustained head, neck and shoulder injuries after a driver attempted to turn left in front of them, striking their vehicle.

Herbert Heaton filed a lawsuit March 4 in Madison County Circuit Court against Wilson Kayser.

In his complaint, Herbert Heaton claims he and his son, Matthew Heaton, were riding in a 2008 Nissan Altima traveling west on Illinois Route 159 near its intersection with Illinois Route 143 in Edwardsville on Sept. 29. Suddenly, Wilson, who was driving a 2010 Volkswagon Passat east on the same road, attempted to turn left onto Illinois Route 159. In the midst of the turn, Wilson struck Heaton’s vehicle, according to the complaint.

Because of the collision, Herbert Heaton was knocked unconscious from the airbag and has suffered ongoing headaches while Matthew Heaton sustained back and chest injuries in addition to the other injuries both Heatons suffered, the suit states. Both plaintiffs also endured great pain and mental anguish, suffered disability, lost their normal lives and incurred medical costs, the complaint says.

They blame Wilson for causing the collision, saying he negligently failed to yield the right-of-way, failed to keep his vehicle under proper control, failed to keep a proper lookout, failed to stop in time to avoid a collision, failed to give a proper signal to warn Heaton of his plan to turn, failed to reduce his speed to avoid a collision and drove without safe brakes.

In his two-count complaint, Herbert Heaton seeks a judgment of more than $150,000, plus costs.

Michael P. Glisson of Williamson, Webster, Falb and Glisson in Alton will be representing him.

Madison County Circuit Court case number: 13-L-353.

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