Metro bus agency says woman's fall was her own fault

St. Clair County Circuit Judge Andrew Gleeson on July 1 set a status conference for Dec. 9 in a woman’s lawsuit against the bus company whose driver she claims made an abrupt turn, causing her to fall from her scooter and sustain a concussion.

Maureen Souers claims she was riding a Metro bus, which does business as Bi-State Development Agency, on April 27, 2012.

The bus was transporting Souers from Collinsville to the St. Clair Square mall in Fairview Heights, when it turned abruptly, causing Souers to fall, according to the April 4 complaint.

Because of the incident, Souers was made sick, sore, lame, disordered and disabled; suffered extensive injuries to her head, right thumb, left elbow, neck and back; and received a concussion, the suit states. She also incurred medical costs, experienced pain and suffering and sustained disability, the complaint says.

In her complaint, Souers blames Metro and its unknown bus driver for causing her injuries, saying the driver drove too fast, made an abrupt turn without warning and failed to keep a proper lookout for Souers, who was unrestrained in the back of the bus.

Bi-State Development Agency responded to the lawsuit May 22. Bi-State Development Agency states that any injury sustained by the plaintiff was a direct and proximate result of “plaintiff’s own negligence and/or comparative fault.”

Bi-State Development Agency claims the plaintiff failed to properly ride as a passenger on the bus and failed to make use of available restraints.

Bi-State Development Agency further states it is a “local public entity” as defined by the Local Tort and Governmental Immunity Act, and as such, defendants are afforded all protection provided by the Local Tort and Governmental Immunity Act.

Souers seeks a judgment of more than $50,000. John H. Hustava of Collinsville represents the plaintiff.

Beth Kamp Veath of Brown & James represents Bi-State Development Agency.

St. Clair County Circuit Court case number: 13-L-180.