Madison - St. Clair Record

Friday, November 22, 2019

Motion to compel filed in woman's injury suit against Bi-State

By Heather Isringhausen Gvillo | Aug 28, 2013


A woman claiming a Metro bus driver made an abrupt turn and caused her to fall from her scooter filed a motion to compel the defendant to comply with her interrogatories and request for production.

Maureen Souers originally filed the request on May 24. By July 2, she claims she still hadn’t heard back from the defendant and sent  a letter reminding the defendant that the materials had not been complied with.

The motion was filed on July 30 and a certificate of service regarding the defendant’s answers was filed on Aug. 5.

Souers claims she was riding a Metro bus, which does business as Bi-State Development Agency, on April 27, 2012 when she fell. She was riding from Collinsville to the St. Clair Square mall in Fairview Heights when she alleges the driver turned abruptly, causing her to fall.

Because of the fall, Souers claims she became sick, sore, lame, disordered and disabled; suffered extensive injuries to her head, right thumb, left elbow, neck and back; and received a concussion.

Souers blames the unknown bus driver and Metro bus for causing her injuries, accusing the driver of driving too fast, turning abruptly without warning and failing to properly look out for Souers, who was unrestrained in the rear of the bus, the complaint claims.

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

The defendant continued to claim that Souers failed to properly ride as a passenger on the bus and did not make use of the available restraints.

Bi-State also argues that it is a “local public entity” as defined by the Local Tort and Government Immunity Act, which provides all protection under said act.

John H. Hustava of Collinsville represents Souers.

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

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

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