Madison - St. Clair Record

Monday, February 17, 2020

Defendants in chain collision deny allegations and demand jury trial

By Heather Isringhausen Gvillo | Sep 30, 2013

Donohoo new

Defendants in an I-270 multi-vehicle accident deny allegations in their answers to a Madison County lawsuit.

Kathy Little and her husband Monte Little allege that Kathy Little was driving on I-270 in Chouteau on July 26, 2011, at the same time Omar Moumkine was driving a tractor trailer owned by ABF Freight System in the same direction. The Littles claim Moumkine caused a chain collision when he collided into a tractor trailer Carlos Singley was driving for Garland Gehrke Trucking, who then collided into a tractor trailer Francis Joseph Costello was driving for Supervan Service Company, who then struck Kathy Little’s vehicle, the complaint filed on July 24 states.

Supervan Service Company responded to the complaint on Aug. 27 denying all allegations against it.

ABF Freight Systems, Inc. answered the plaintiffs’ complaint on Aug. 16 denying the allegations.

Moumkine denied all allegations against him in the complaint on Sept. 20.

Moumkine and ABF Freight System also filed affirmative defenses separately claiming the plaintiff failed to state a cause of action for which relief can be granted. The affirmative defenses stated that the Littles failed to keep a careful lookout, stopped the vehicle in a lane reserved for moving traffic and knew of the “impending likelihood of a collision in time thereafter to have moved, swerved, sounded a horn or otherwise avoided the accident, but plaintiff failed to do so.”

The Littles are also accused of being the sole cause of any injuries or damages due to Kathy Little’s own negligence and carelessness, which should bar the defendant from any liability or recovery fees, the affirmative defenses claim. Lastly, the Littles are accused of failing to mitigate their damages.

The Littles responded to ABF’s affirmative defenses denying its claims.

The defendants demand a trial by jury.

Defendant Francis Costello has not yet responded to the complaint.

The plaintiffs blame the defendants for causing the collision, accusing them of failing to keep a proper lookout, failing to steer to avoid a collision, failing to properly train their drivers, failing to reduce their speed to avoid the collision and driving too fast, the suit states.

The Littles seek a judgment of more than $300,000.

Madison County Circuit Judge Dennis Ruth scheduled a case management conference for Oct. 2 at 9 a.m.

Christopher M. Donohoo of The Donohoo Law Firm in East Alton is representing the Littles.

Christopher D. Galanos of Quinn, Johnston, Henderson, Pretorius & Cerulo in Springfield represents Supervan Service Company, Inc.

Kevin P. Schnurbusch and Maureen A. McMullan of Rynearson, Suess, Schnurbusch & Champion, LLC in St. Louis represents Omar Moumkine and ABF Freight System.

Robbye Hill Toft of the Law Offices of Stephen H. Larson in St. Louis represents Carlos. R. Singley and Garland Gehrke Trucking.

Madison County Circuit Court case number 13-L-1221

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