The City of Troy has denied allegations in a personal injury suit filed by a bicyclist.
Plaintiff Susan Thompson-Mank filed the suit on July 19 against Madison County Mass Transit District, the Agency for Community Transit, Madison County and the City of Troy.
Thompson-Mank alleges she was attempting to ride her bicycle from the Madison County Transit Goshen Trail in Troy to the bicycle trail near State Route 162 in Troy on Aug. 11, 2012, when she encountered an unexpected dip “consisting of a chat and rock-like excavation,” the suit states. She struck the depression and fell from her bike, allegedly fracturing her right clavicle in the process.
According to Troy's affirmative defenses, the city is protected by provisions of the Illinois Local Government Tort Immunity Act. The city argues that the plaintiff bears more than 50 percent of the total proximate cause of the alleged injuries.
In response, Thompson-Mank refutes the city's arguments.
Her lawsuit faults the defendants for causing her injuries, failing to warn her of the depression, allowing the depression to exist on adjacent property and failing to repair the depression.
Madison County Transit District and Agency for Community Transit asked for more time to file an answer to the complaint on Sept. 11.
Thompson-Mank seeks a judgment of more than $400,000.
John P. Cunningham of Brown and James in Belleville are representing Thompson-Mank.
Charles A. Pierce of Pierce Law Firm, P.C. in Belleville represents the City of Troy.
Donald J. Ohl of Edwardsville is representing Madison County Transit District and Agency for Community Transit.
Madison County Circuit Court case number 13-L-1191