Passenger claims driver's actions caused vehicle roll-over

By Kelly Holleran | Mar 28, 2013

A man has filed suit against the driver who he claims lost control of his vehicle, causing the vehicle to roll.

Derek Stoll claims he was riding in a vehicle defendant Joshua Whittaker was driving south on Illinois Route 163 near Millstadt on Feb. 19 when Whittaker lost control and struck a guard rail. In turn, Whittaker’s vehicle rolled, according to the complaint filed March 5 in St. Clair County Circuit Court. At the time of the collision, Whittaker was driving a vehicle for defendant Savannah Motors, the suit states.

Because of the collision, Stoll suffered severe and permanently disabling injuries to his spine; sustained great pain and mental anguish; and endured a broken pelvis, femur, tibula and ribs, the complaint says. He also claims he lost money because of his inability to pursue his normal occupation and incurred medical costs.

Whittaker negligently failed to keep a proper lookout, failed to drive at a safe speed, failed to keep a lookout and failed to keep his vehicle under proper control, according to the complaint.

Stoll seeks a judgment of more than $100,000, plus costs.

Bruce R. Cook of Cook, Ysursa, Bartholomew, Brauer and Shevlin in Belleville will be representing him.

St. Clair County Circuit Court case number: 13-L-124.

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