Case continues against Imo's pizza delivery driver

Madison County Chief Judge Ann Callis has set a June 26 case management conference in a Madison County man’s lawsuit against the pizza delivery driver who injured him in an accident.

Plaintiff Matthew Bruntjen won a $2 million verdict in December 2011 from Bethalto Pizza and Imo’s Franchising.

He initiated a new suit last September against Kenneth Lyerla, the pizza driver.

Bruntjen claims he was riding in a 1995 GMC Safari, traveling west on Erwin Plegge Blvd. at the intersection with Ashbrook St. in Madison County, Aug. 17, 2009, when Lyerla struck the Safari.

Kenneth Lyerla received a summons to respond to the lawsuit within 30 days on Oct. 3, 2012. Lisa Lyerla received a summons also on Oct. 3. No responses have been filed.

Bruntjen claims he sustained numerous injuries, including head injuries, skull fractures, and a distended stomach.

He claims Lyerla negligently drove too fast, failed to control his vehicle, failed to stop behind another vehicle making a left-hand turn, allowed his vehicle to travel into the oncoming lane, allowed himself to become distracted, failed to watch traffic around him and concerned himself more with the pizza delivery than traffic safety, the complaint says.

In addition to Kenneth Lyerla, Bruntjen names Lisa Lyerla a defendant, saying she negligently entrusted her vehicle to a driver she should have known was unable to safely operate a car and who would put timely delivery of food above safety.

Bruntjen seeks more than $50,000.

Bruntjen will be represented by Charles W. Armbruster III and Michael T. Blotevogel of Armbruster, Dripps, Winterscheidt and Blotevogel.

Madison County Circuit Court case number: 12-L-1472.