Driver distracted by cell phone in route 162 accident, suit claims

A Madison County couple says they were hit by a another driver who was passing cars illegally and distracted by her cell phone.

Gregory and Shelley Wallace filed a lawsuit Nov. 5 in Madison County Circuit Court against Tammi L. Boston. McKinley and Sharon K. Pollard are also named as defendants.

Gregory Wallace says he was driving, with Shelley as a passenger, east onto Illinois Route 162 in Maryville in November 2011. The couple claims Boston, driving west on Route 162, tried to pass a group of stopped cars on the two-lane road. To do so, according to the complaint, Boston disobeyed a designated no-passing zone and crossed into the eastbound lane of Route 162. Just before the intersection of Illinois Route 159 Boston allegedly crashed into the Wallace's car.

The plaintiffs contend Boston was also distracted by her cell phone just before the crash. They claim Gregory hurt his back and Shelley broke several bones in her foot as a result of the collision. The Wallaces accuse Boston of negligence and loss of consortium. They are suing the Pollards, who own the car Boston was driving, for negligent entrustment and loss of consortium.

The Wallaces ask for more than $600,000 in damages for medical bills, loss of income and court fees.

They are represented by attorneys Charles W. Armbruster and Michael T. Blotevogel of Alton.

Madison County Circuit Court Case No. 13-L-1845